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CIHM/ICMH 

Microfiche 

Series. 


CiHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  tachniquas  at  bibiiographiquaa 


Tha  Instituta  has  attamptad  to  obtain  tha  bast 
original  copy  availabia  for  filming.  Faaturas  of  this 
copy  which  may  ba  bibliographically  uniqua, 
which  may  altar  any  of  tha  imagas  in  tha 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 
D 
D 

n 
n 

D 
D 

n 


D 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommagda 

Covers  restored  and/or  laminated/ 
Couverture  restaur^a  et/ou  pellicula 

Cover  t!;ie  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartas  gdographiquas  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  an  couleur 

Bound  with  other  material/ 
RbM  avac  d'autres  documents 

Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrie  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  tha  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouttes 
lors  d'une  restauration  apparaissant  dans  la  texte, 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  6X6  fiim^as. 


Additional  comments:/ 
Commentairea  supplAmantairas: 


Various  pagingt. 


L'institut  a  microfilm^  le  meilleur  exemplaira 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  ditaiis 
da  cat  exemplaira  qui  sont  paut-Atre  uniques  du 
point  de  vue  bibliographiqua,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thoda  normala  de  filmaga 
sont  indiqute  ci-dessous. 


I      I   Coloured  pages/ 


Q 


D 


This  item  is  filmed  at  tha  reduction  ratio  checked  below/ 

Ce  document  est  filmt  au  taux  de  rMuction  indiquA  ci-dessoua. 


Pages  de  couleur 

Pages  damaged/ 
Pages  endom  magmas 


I — I   Pages  restored  and/or  laminated/ 


Pages  restaurtes  et/ou  peiliculAes 

Pages  discoloured,  stained  or  foxed/ 
Pages  dAcolortes.  tachet^es  ou  piqutes 


The 
toti 


The 
post 

OftI 

film 


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begi 

the 

sion 

othc 

first 

sion 

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□   Pages  detached/ 
Pages  d6tach6as 


Showthrough/ 
Transparence 


I      I    Quality  of  print  varies/ 


Quality  InAgaia  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  material  suppitfmentaira 

Only  edition  available/ 
Seule  Mition  disponible 


The 
shall 
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Map 
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Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc. ,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  fauillet  d'errata,  une  pelure, 
etc.,  ont  6t6  fiimAes  A  nouveau  da  fa^on  d 
obtanir  la  mailleure  image  possible. 


10X 

14X 

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22X 

26X 

30X 

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12X 

16X 

20X 

24X 

28X 

32X 

lire 

details 
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:  modifier 
ger  une 
I  filmage 


The  copy  fiimed  here  has  been  reproduced  thanlcs 
to  the  generosity  of: 

National  Library  of  Canada 


The  images  appearing  here  are  the  best  quaiity 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


L'exemplaire  filmt  f ut  reproduit  grAce  it  la 
gAnArosit*  de: 

Bibliothdque  nationale  du  Canada 


Las  images  suivantes  ont  AtA  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetA  de  rexemplaire  f  ilm«,  et  en 
conformit6  avec  las  conditions  du  contrat  de 
filmage. 


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Original  copies  in  printed  paper  covers  are  fiimed 
beginning  with  the  front  covGr  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmis  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniire  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  —^(meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaftra  sur  la 
derniftre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbols  y  signifie  "FIN". 


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Meps,  pletes,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
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method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  fttre 
filmte  A  des  taux  de  rMuction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
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de  I'angle  supArieur  gauche,  de  gauche  d  droite, 
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F    R    A    N..«C    E 


AND 

GREAT    BRITAI  N: 

DELIVERED,  DECEMBER  5,  1793. 

WITH 

THE  PAPERS  THEREIN  REFERRED  TO. 

Publt/hed  by  Order  of  the  Houfe  of  Reprefentatlves. 


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PHILADELPHIA: 

PRINTED  FOR  MATHEW  CAREY, 
NO.    118,    MARKET-STREET. 

OCTOBER    24,    1795. 

\_Price  8;^  Cents.'] 


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UNITED  STATES,  iJ^fffw^^r  5th,  1793,. 

Gentlemen  ^/^  Ses at e^  and  0/ the  Hovse  of 
Representatives. 

AS  the  prefent  fttuation  of  the  feveral  nations  of  Europe t  and  efpeclatty  of 

thofe  with  which  the  United  States  have  Important  relatlonst  cannot  hut 

render  thefiate  of  things  between  them  and  uSf  matter  of  Intereftlng  Inquiry 

to  the  leglflaturet  and  may  Indeed  give  rife  to  deliberations  ^  to  which  they 

alone  are  competent,  I  have  thought  It  my  duty  to  communicate  to  them,  cer- 

'  tain  correfpondenees,  which  have  taken  place. 

The  reprefentatlve  and  executive  bodies  of  France  have  manlftfled  gene- 
rally, a  friendly  attachment  to  this  country,  have  given  advantages  to  our 
commerce  and  navigation,  and  have  made  overtures  for  placing  thefe  ad- 
vantages on  permanent  ground  i  a  decree,  however,  of  the  National  Affem- 
hly,  fubjeSlng  vejfels  laden  with  provlfions  to  be  carried  Into  their  ports,  and 
making  enemy  goods  lawful  prl%e  In  the  veffel  of  a  friend,  contrary  to  our 
treaty,  though  revoked  at  one  time,  as  to  the  United  States,  has  been  fince 
extended  to  their  vejfels  alfo,  as  has  been  recently  Jlated  to  us.  Reprefenta- 
tlons  on  thefubjeS  will  be  Immediately  given  In  charge  to  our  mlnljler  there, 
and  the  refultjhallbe  communicated  to  the  legtjlature. 

It  Is  with  extreme  concern,  I  have  to  Inform  you,  that  the  proceedings  of 
theperfon,  whom  they  have  unfortunately  appointed  their  mlntfter plenipoten- 
tiary here,  have  breathed  nothing  of  the  friendly  fplrlt  of  the  nation,   which 

fent  him  ;  their  tendency,  on  the  contrary,  has  been  to  Involve  us  In  war 
abroad,  and  dlfcord  and  anarchy  at  home.  So  far  as  his  ads,  or  thofe  of 
his  agents,  have  threatened  our  Immediate  commitment  In  the  war,  or  Va- 
grant Infult  to  the  authority  of  the  laws,  their  effeB  has  been  counteraBed  by 

,  the  ordinary  cognizance  of  the  laws,  and  by  an  exertion  of  the  powers  con- 

fded  to  me.  Where  their  danger  was  not  Imminent,  they  have  been  borne 
with,  from  fentlments  of  regard  to  his  nation  ;  fromaftnfe  of  their  frlend- 

fhlp  towards  us  ;  from  a  convlBion,  that  they  would  not  fujfer  us  to  re- 
main long  expofedto  the  aGlon  of  a  perfon,  who  has  fo  little  refpe8ed  our 
mutual  difpofittons  ;  and,  I  will  add,  from  a  reliance  on  thejlrmnefs  of  my 

fellow-<iilzens  In  their  principles  of  peace  and  order. 

In  the  mean  time,  I  have  refpeded  and  purfued  the  Jllpulntlons  of  our 
treaties,  according  to  Kvhat  I  judged  their  true  fenfe  ;  and  have  withheld 
no  a3  of friendjhip,  which  their  affairs  have  called  for,  from  us,  end  which 
jufllce  to  others,  left  us  free  to  perform.  I  have  gone  further  :  rather 
than  employ  force  for  the  refltution  of  certain  '^'f^/j,  which  I  deemed  (kt 


[iv] 


: 


United  States  bound  to  rejlore^  I  thought  it  more  advifabk  to  fatitfy  the 
parties^  by  avowing  it  to  be  my  opinioOf  that  if  rejlitution  were  not  made,  it 
•would  be  incumbent  on  the  United  States  to  make  compenfation.  The  papers 
now  communicated,  will  more  particularly  apprife  you  ofthefe  tran/adions. 

The  vexations  and  fpoUation  underjlood  to  have  been  committed  on  our 
vejfels  and  commerecy  by  the  cruifers  and  officers  of  fome  of  the  belligerent 
powers,  appeared  to  require  attention.  The  proofs  of  thefe,  however,  not 
having  been  brought  forward,  the  defcription  of  citizens,  fuppofed  to  have 
fuffered,  were  notified,  that  on  furnijhing  them  to  the  executive,  duemeafures 
would  be  taken  to  obtain  redrefs  of  the  pafl,  and  more  ejfetlual  provifions 
again/l  the  future.  Should  fuch  documents  be  furnijhed,  proper  reprefenta- 
tions  will  be  made  thereon,  with  ajufl  reliance  on  a  redrefs  proportioned  to 
the  exigency  of  the  cafe. 

The  Briti/h government  having  undertaken,  by  orders  to  the  commanders 
of  their  armed  veffels,  to  reflrain,  generally,  our  commerce,  in  corn  and  other 
provifions,  to  their  own  ports,  amlthofe  of  their  friends,  the  inflruHions  now 
communicated,  were  immediately  forwarded  to  our  mini/ler  at  that  court. 
In  the  mean  time,  fome  difcujffions  on  the  fuhjefl  took  place  between  him  and 
them  :  Thefe  are  alfo  laid  before  you,  and  I  may  expeS  to  learn  the.  refult 
of  his  f pedal  inflruSions,  in  time  to  make  it  known  to  the  legiflature,  during 
their  prefent  fcfflon. 

Very  early  after  the  arrival  of  a  Britt/h  minijler  here,  mutual  explana- 
tions on  the  inexecutfon  of  the  treaty  of  peace,  were  entered  intoi  with  that 
minijler  ;  thefe  are  now  laid  before  you,  for  your  information. 

On  thefubjefls  of  mutual  interefl  between  this  country  and  Spain,  ncgoci- 
ations  and  conferences  are  now  depending.  The  public  good  requiring  that 
the  prefent  fl ate  of  tkfefhould  be  made  known  to  the  legiflature,  in  confi- 
dence only,  theyfhall  be  tbefubjcSl  of  a  fcparate  and  fubfequent  communi' 
cation. 

G'>:    WASHINGTON. 


V 


PAPERS     &c. 


\commum- 


TRANSLATION. 

Philadelphia,  May  22,  1793* 
Liquidation  of  2d  year  of  the  French  Republic, 

the  Debt  of  the  The  Citizen  GfneTj  Miniver  Plenipotentiary  of  the 

United  States  French  Republic ^  to  Mr.  jF.FfER&oNf  Secretary  of 

to  France.  State  of  the  United  States  of  ^{imerica. 

Sir, 

THE  executive  council  of  the  French  Republic  has  learnt  through 
my  predeceffor,  the  Citizen  Ternant,  the  readinefs  with  which 
the  government  of  the  United  States  of  America  attended  to  the  fa- 
cilitation of  the  purchafes  which  that  minifter  was  charged  to  make  in 
the  United  States,  on  account  of  the  French  Republic  ;  as  alfo  the 
acquittal  of  the  draughts  of  the  colonies  for  which  imperious  circum- 
ftances  obliged  it  to  provide.  The  executive  council,  fir,  has  charged 
me  to  exprefs  to  the  American  government,  the  acknowledgment  in- 
fpired  by  all  the  marks  of  friendship  which  it  has  given  on  this  fubje^: 
to  the  French  nation  ;  and  to  prove  to  it  the  reciprocity  of  our  fenti- 
ments,  it  has  determined  to  give  at  once  a  great  movement  to  the  com- 
merce of  France  with  America,  in  drawing  henceforth  from  the  United 
States  *he  greateft  part  of  the  fubfiftence  and  ftores  neceflary  for  the 
armies,  fleets  and  colonies  of  the  French  Republic. 

The  executive  council  has  entrufted  me  with  the  direflion  of  thefc. 
great  and  ufeful  operations,  and  has  given  me  particular  powers  com- 
prehended in  the  reports,  and  in  the  refolutions  now  enclofed,  in  virtue 
of  which  I  am  authorifed  by  the  council  and  by  the  national  treafury 
of  France,  to  employ  the  fums  of  which  the  United  States  can  efFe6l 
the  payment  (towards  their  debt  to  France)  or  thofe  which  I  can  pro- 
cure on  my  perfonal  draughts,  payable  by  the  national  treafury,  in 
purchafing  provifions,  naval  ftores,  and  in  fulfilling  other  particular 
fervices,  conformably  to  the  orders  which  have  been  given  to  me  by  the 
minifter  of  the  interior,  of  war,  of  the  marine,  and  of  foreign  affairs. 

The  government  of  the  United  States  is  too  enlightened,  not  to  per- 
ceive the  immenfe  advantages  which  will  rcfult  from  this  meafure  to  tlit- 
people  of  America  ;  and  1  cannot  doubt  that,  knowing  the  difficiiltiti 
vhich  different  circumftances  might  oppcfe  at  this  mcmetiit,  to  the  cxc- 


[6] 

cution  of  the  prtlTing  commliTions  which  have  been  given  to  me,  if  it 
(huiild  not  facilitate  to  us  flill  the  receipt  of  new  fums  by  anticipation, 
it  will  PiikI  III  its  wifdom,  and  in  the  reports  now  cnclofcd,  of  the  min- 
iller  of  the  public  contributions  of  France,  meafures  proper  to  anfwcr 
our  view8|  and  to  fatisfy  our  wants. 

It  docs  not  belong  to  me  to  judge  if  the  I^refidcnt  of  the  United 
States,  is  inveftcd  with  powers  fufficient  to  accede  to  our  rcquell,  with- 
out the  concurrence  of  the  Icgiflative  body  :  but  I  will  permit  myfelf, 
to  obfcrvc  to  you,  fir,  that  the  lad  anticipated  payments,  which  took 
jplace,  prove  it,  and  that  this  queftion  appears  equally  decided,  by  the 
aft  of  Coiigrefs,  wlu'ch  authorifes  the  executive  power  not  to  change 
llic  order  of  the  reitnbiufenients  of  the  foreign  debt  of  the  United 
States,  unlefs  it  (hall  find  therein  an  evident  advantage.  Now  what 
advautige  more  fcnfiblc  can  we  offer  to  you,  than  that  of  difcharging 
your  debt  to  us  with  your  own  produftions,  without  exporting  your 
ci(h,  witliout  recurring  to  the  burdenfome  operations  of  bankers ? 
It  is  furnifliing  you,  at  the  fame  time,  with  the  means  of  paying 
your  debts,  and  of  enriching  your  citizens  ;  in  fhort  h  is  to  raife  the 
v.ilue  of  your  produftions,  and  confequently  of  your  lands,  in  cfta- 
blilhing  a  necciTaiy  coinpetition  between  us  and  a  nation  which  has  in 
a  nieafure  refumcd  with  a  great  deal  of  art  and  of  facrifices,  the  mono- 
poly of  your  own  produftions.  It  is  time,  fir,  that  this  commercial 
revolution,  which  I  confider  the  completion  of  your  immortal  political 
revolution,  fliould  accomplifli  itfelf  in  a  folid  manner  ;  and  France  ap- 
pears to  me  to  be  the  only  power  which  can  operate  this  incalculable 
good.  She  dcfirc?  it  ardently.  The  wife  arrangements  of  which  I 
have  now  given  you  an  account,  are  the  proof  of  it.  It  remains  then 
with  your  government  to  fecond  the  views  which  are  fuggefted  to  us 
by  ourconflant  friendfliip  for  our  brethren  the  Americans,  and  by  the 
defirewe  have  to  ftrengthen  the  bonds  which  unite  us  to  them.  It 
will  be  a  pleafmg  duty  to  me,  fir,  to  conform  myfelf  in  the  adminiftra- 
tipn  which  is  confided  to  me,  to  thefe  fentiments  of  the  French  nation, 
for  all  the  United  States  ;  and  in  order  that  every  one  of  them  may 
participate  in  the  extenfion  of  our  commercial  relations,  I  will  take  care 
to  diftribute  my  purchafes  among  the  different  flates  of  the  Union,  as 
much  as  the  natural  produdlions  of  their  foil  and  the  nature  of  their 
commerce,  will  permit.  I  will  negleft  no  means,  moreover,  in  order 
that  the  modes  of  purchafeprefcribed  tome,  may  enable,  not  only  the 
American  and  French  merchants,  but  alfo  the  land-holders  and  farmers 
to  take  advantage  of  the  benefits  which  may  refult  from  our  purchafes, 

GENET. 


(Copy.) 
American  Debt,  TRANSLATION. 

I  ft  Report. 

CITIZEN  Genet,  Minifler  Plenipotentiary  of  the  French  Repub- 
lic to  the  United  States  of  America,  has  been  charged  by  the 
|>ro^'ifc.'iy  executive  council,  to  foHcit  the  American  govcnimcr.t,  for. 


[  7  ]  '" 

the  payment  of  the  fums  remaining  due  to  France  by  the  fald  flatus, 
though  all  the  terms  flipulatcd  for  the  rcimburfement  have  not  yet 
expired. 

The  provifory  executive  council  were  led  to  this  refolution, 

1 .  By  the  extenfive  wants  of  the  Republic,  as  well  in  fubfiftcnce  for 
Interior  confumption,  as  for  warlike  (lores  and  provifions  required  for 
the  army  by  fca  and  land. 

2.  From  the  convenience  with  which  a  part  of  thefc  (lores  and  pro- 
vifions may  be  purchafed  in  the  different  markets  of  the  United  States. 

3.  From  the  advantage  which  the  Republic  would  find  in  making 
thefe  purchafes  in,  and  with  the  monies  arifing  from  the  American 
debt. 

4.  In  fine,  from  the  confideration  that  the  United  States  might  find 
it  convenient  to  anticipate  the  reimburfements  of  the-  monies  due  to 
France,  when  they  were  to  be  employed  within  themfelves  in  purcha- 
(ing  the  produdions  of  their  foil. 

In  confequence,  the  Citizen  Genet  has  concerted  with  the  minifters 
of  the  intenor,  of  war,  of  the  marine,  and  of  foreign  aflfairs,  in  order 
to  obtain  a  llatement  of  the  expenfes  of  their  feveral  departments.  Ac- 
cording to  this,  the  funds  to  be  difpofed  of  by  Citizen  Genet,  will 
amount  to  about  feventeen  millions  of  livres  tournois,  a  fum  not  equal 
to  the  whole  of  the  balance  due  by  the  United  States  to  France. 
But  here  two  quedions  arife  with  Citizen  Genet — 

ill.  How  to  arrange  the  matter  fo  as  that  this  fum  (hall  be  properly 
accounted  for  in  the  national  treafury,  through  which  it  ought  to  pafs  ? 

And  fuppofing,  fecondly — That  the  purchafes  of  warlike  (lores  and 
provifions  are  indifpenfable,  and  ought  to  be  made  and  expedited  to 
France  with  celerity,  the  Minider  Genet  defires  to  know  how  the 
money  can  be  replaced,  in  cafe  the  American  government  (hould 
refufe  to  anticipate  the  reimburfements 

Observations. ift.  On  the  Conjijlency, 

Suppofitig  that  the  United  States  (hould  confent  to  anticipate  their 
reimburfements  ;  they  may  do  fo,  in  two  ways — 

By  fpecie,  or  bank  notes  having  an  equal  currency  ; 

Or  bv  (late  fecurities  on  intered,  and  reimburfable  on  a  given  term. 

The  nrft  of  thefe  is  accompanied  with  no  difficulty.  The  minidet 
Genet  will  furni(h  his  aflignments  or  notes  on  the  treafury  of  the 
American  government,  for  the  warlike  dores  and  provifions,  and  other 
preffing  wants,  for  expenfes  relative  to  the  fupport  of  Confiils — for 
extraordinary  and  fecret  purpofes  of  embafTy — and  for  viftualling  and 
refitting  velTels.  Thefe  notes  will  be  damped  by  the  department  of 
the  miniftry,  upon  the  compatibility  of  whom  they  will  have  been  fur- 
nifhed  ;  the  American  treafury  will  return  them  mto  the  French  tre». 
fury,  in  payment  of  the  debt  of  the  United  States  ;  vvhen  they  will 
be  paffed  to  the  credit  of  the  faid  dates  j  and  to  the  debit  of  each 
department  of  the  minidry  whence  they  ifllied,  or  whofe  damp  they 


.?  [8] 

bear,  an  a  part  of  the  fums  allowed  by  the  National  Conventiu.i  to 
each,  for  their  cxpenfcs. 

The  metliod,  in  the  fccond  place,  (hould  be  the  fame,  becaufe  the 
Miniller  Genet  will  not  accept  llatc  fccurities  of  the  American  govern* 
ment,  unlcfs  he  can  make  ufc  of  them  as  ready  money,  of  which  he  ii 
to  aflure  himfelf  before  the  conclulion  of  any  tranfadtinn  on  either 
fido. 

Then  the  receipts  which  the  Minifter  Genet  will  furnidi  to  the  Ame- 
rican government,  with  the  llamp  of  the  department  for  which  their 
ralue  (hall  liave  been  employed,  (hall  have  the  fume  eifedl  with  regard 
to  this  government,  and  the  French  treafury,  as  if  their  value  had  been 
paid  in  fpecie. 

It  might  happen  that  the  (late  fecurities  which  the  Miniiler  Genet 
(liould  receive  inliead  of  ready  money,  as  above  mentioned,  may  lofe 
fomething  of  their  value  by  depreciation  ;  but  then  this  lofs  is  to  be 
carried  to  the  debit  fide  of  the  account,  which  the  Miniller  Genet 
will  fumi(h,  of  the  manner  in  which  they  (hall  have  been  employed, 
for  the  departments  of  the  interior,  of  war,  of  the  marine,  and  of 
foreign  aiTairs. 

ad.  In  cafe  the  American  government  Jhoul J  not  confent  to  any  atU'tcipa- 
lion  in  the  payment  of  the  debt  of  the  United  States  to  France. 

There  are  but  two  methods  to  provide  for  this  improbable  contin- 
gency— if  we  can  fuppofe  that  the  United  States  have  any  iutereft  in 
acknowledging  the  French  Republic>  and  living  on  friendly  tcrmi 
with  her.  . 

Even  admitting  that  we  could  not  reckon  on  the  good  will  of  the 
United  States,  the  (ituation  of  the  finances,  or  the  exceffive  dearnefs 
of  the  metals,  in  comparifon  to  notes,  not  permitting  us  to  export  a 
large  fum  of  dollars  to  America,  we  (hould  be  obliged  to  make  ufe  of 
drafts  on  Europe  :  they  muft  be .  either  on  London  and  Amfterdam, 
by  the  help  of  a  credit  to  be  obtained  for  Citizen  Genet,  and  of  which 
he  muft  give  information  in  America,  or  upon  the  national  treafury  of 
France  itfelf.  * 

The  Englifh  government  having  determined  to  make  war  on  us,  the 
firft  method  cannot  and  ought  not  to  be  made  ufe  of.— It  woiild  be 
not  only  impolTible  to  obtain  a  credit  to  the  end  of  our  operation^, 
but  it  would  be  attended  with  great  expenfe,  from  the  low  ftate  of  ex- 
change occafioned  by  the  war.  The  only  refource  then  remaining, 
would  be  to  furnifh  orders  on  the  national  treafury  :  but  if  thefe  (hould 
enjoy  the  credit  which  they  merit,  there/  is  reafon  to  bdieve,  that  the 
Americans  would  ftill  prefer  them  for  affignments  of  the  debt  of  the 
United  States.  So  that  it  is  very  probable,  that  this  means  of  ma- 
naging the  matter  in  America,  the  beft  the  Republic  is  at  prefent  ca- 
.  pable  of  devifing,  is  that  on  which  the  executive  council  may,  with 
greateft  fafety  rely,  unlefs  the  United  States  would  wi(h  to  render 
themfelves  hoftile  towards  the  Republic,  which,  from  every  appearance, 
is  unlikely  to  be  the  cafe.  But  it  is  proper  wc  (hould  provide  for 
ever)'  contigency,  the  omifllon  of  which  might  caufe  Citizen  Genet 


*% 


[9] 


ntiu.i  to 

:aiifc  the 

govern- 

ich  he  it 

a  cither 

lie  Amc- 
ich  their 
h  regard 
liad  been 

er  Genet 
may  lofe 
}  is  to  be 
:r  Genet 
mployed, 
,  and  of 

« 

le  contin- 
utereft  in 
dly  terms 

lin  of  the 
dearnefs 
export  a 
:e  ufe  of 
ifterdam, 
|of  which 
lafury  of 

|n  us,  the 
roiild  be 
kerationfi, 
Ite  of  ex- 
laining, 
fe  fhould 
I  that  the 
It  of  the 
lis  of  ma- 
efent  ca- 
■ay,  with 
lo  render 
^earance, 
j)vide  for 
In  Genet 


cmbarrafTment ;  therefore,  the  minifter  of  public  contributions  pro- 
pofes  to  the  provifory  executive  council  the  following 

DICtSION. 

The  national  treafury  will  fumiOi  Citizen  Genet  with  a  declaration 
in  writing,  authorizing  him  to  employ,  agreeably  to  the  orders  of-the 
r.u'niflcrs  of  the  interior,  of  war,  of  the  marine,  and  foreign  affairs,  the 
I'uins  he  (hall  receive  from  the  government  of  the  United  States,  on  ac- 
count of  the  debt  due  to  France,  or  the  complete  bal.ince  thereof,  as 
well  principal  as  intereft,  in  conformity  to  the  inllrudtions  given  to 
Citi/cn  Genet,  on  that  fubjeft. 

The  national  treafury  will  authorize  the  Citizen  Genet  to  fumiHi 
or  caufe  to  be  furnifhrd  upon  his  banker,  bills  of  exchange  drawn  at 
two  months  light,  to  the  amount  of  the  fums  requifite  for  the  payment 
of  fubfidence,  warlike  ftorcs,  and  other  expenfes  of  thofe  minifters* 
'jThe  faid  billn  of  exchange  (hould  be  employed  to  make  up  the  faid 
payments  only  in  cafe  Citizen  Genet  ftiould  not  be  able  to  do  fo,  either 
ill  whole  or  m  part,  with  the  funds  ariiing  from  the  American  debt, 
which  he  is  charged  to  negociate. 

And  in  fine,  m  order  to  induce  the  United  States  to  make  this  re- 
imburfement,  in  cafe  they  (hould  not  be  able  to  effect  it,  either  in 
whole  or  in  part,  with  fpecie,  the  Citizen  Genet  is  authorized  to  ac- 
cept it  from  the  American  government  in  fuch  ftate  notes,  bearing 
intereft,  as  (hall  be  received  at  par,  by  the  perfons  to  whom  Citizen 
Genet  may  have  payments  to  make  on  account  of  the  Republic.  The 
orders  which  Citizen  Genet  (hall  furni(h  on  the  treafury  of  the 
United  States,  in  exchange  for  fpecie  or  ftate  notes,  (hall  carry  in  their 
faces  the  declaration  of  the  department  for  which  they  (hall  have  been 
employed  :  the  Treafurer  of  the  United  States,  after  difcharging  their 
amoiint,  (hall  fend  them  to  the  French  treafur}',  where  they  will  be  re- 
ceived as  fo  much  ready  money,  in  difcharge  of  the  debt  oi  the  United 
States,  and  as  expenditures  in  part  of  the  fums  allowed  by  the  Na- 
tional Convention  to  the  three  departments  defignated  in  the  orders 

The  bills  of  exchange  on  the  national  treafury,  (hall  in  the  fame  man- 
ner bear  the  ftamp  of  the  minillerial  department,  for  the  expenfe  of 
which  they  have  been  fumiflied,  and  (hall  be  charged  by  the  national 
treafury,  on  account  of  the  fum  allowed  by  the  National  Convention 
to  the  faid  department. 

The  Citizen  Genet  (hall  tranfmit  to  each  minifter  proper  ftatements, 
fnppoiled  with  vouchers,  ns  well  of  the  ufe  made  of  the  funds  agree- 
ably to  his  orders,  as  of  the  manner  in  which  he  (hall  have  procured 
them.  • 

In  cafe  the  Citizen  Genet  (hall  have  received  from  the  American 
government,  bills  or  ftate  fecurities  in  reimburfement  of  the  debt  of 
the  United  States,  which  he  could  not  pafs  without  fome  facrifice  ; 
the  lofs,  in  that  cafe,  fiiall  be  confidered  as  part  of  the  expenfes  of  pur- 
chafe,  tranfporfcation,  or  payments,  confided  to  him. 

Should  the  council  approve  of  this  decifion,  a  copy  thereof  (hall  be 
jfent  to  the  Citizeu  Genet,  certified  by  the  fecretary  of  the  council,  at 

B 


I- 


[    10] 


well  as  the  nuoIAers  of  the  interior,  of  war,  of  the  marine,  and  o£ 
foreign  affairs. 

PariSf  the  id  jfanuary  \  'jg^—^ie  zdywr  of  the  Republic. 

The  prefent  fmmoire  has  been  read  and  approved  in  the  provifory 
executive  council,  the  4th  of  Jani^iy,   1793 — in  the  2d  year 
of  the  Republic. 
,  77v  Sscretarv  of  the  Counetf, 

GROUVELLE. 
f  Signed)         Le  Brun^ 

Mlnijler  for  Foreign  AJ'airei, 
.  I  hereby  certify,  that  the  foregoinfr  Ih  a  true  copy  from  the  original 
in  my  pofleffion. — Philadelphia,  2  2d  May,  1793 — '"  ^^^^  fecond  year 
of  the  Republic. 

The  Mini/lcr  of  the  French  Repiihlicy 

GENET. 


TRANSLATION. 
ixtrafffrom  the  reg'ifters  of  the  deliberations  of  the  provlfory  executive  coun- 
cil ■,  of  the  ^h  January  y  *  793» '« the  fecond  year  of  the  Republic, 
THE  minifter  for  foreign  affairs,  having  Informed  that  the  citizen 
Genet,  appointed  ]^iniffer  Plenipatentiaiy,  from  the  French 
Republic  to  the  Congrefs  of  the  United  States  of  America,  and  that 
it  would  be  neceffary  for  the  council,  to  decide  definitively  on  his  in- 
ftiudlions  for  the  fulfiln?ent  of  hismiflion. 

The  draft  of  the  fame  was  accordingly  read— the  council  in  adopting 
it,  declares  that  the  copy  thereof  for  citizen  Genet  (hall  be  figned  by 
the  Prefident,  and  counter-figned  by  the  Minifter  for  foreign  ?  .tairs. 

After  which  the  executive  council,  wlfhing  to  determine  the  form  in 
which  the  full  powers  given  to  citizen  Genet,  fhall  be  exerclfed  rela- 
tively to  the  general  dire£lion  of  confular  bufinefs,  according  to  the, 
prefent  Ideas  of  the  Minifter  of  the  marine  and  of  foreign  affairs,  who 
have  obferved  the  necefllty  of  a  new  organization  of  the  confulates  and 
vice-con fulates  In  America,  has  confidered  and  refolved  on  the  follow- 
ing, which  fhall  Cerve  as  Inftruftions  to  citizen  Genet,  for  whatever  may 
coiicern  this  part  of  his  miffion,  rnd  of  which  alfo  a  copy  iigned  by  the 
Prefident  of  the  council  and  counter-figned  by  the  minifter  of  the  ma- 
rine, fliall  be  given  him.  Here  follows  the  Inftruftlon  concerning  the 
general  affairs  of  the  confulates  and  vice  confulates  of  North-America.* 

The  executive  council  then  took  into  confideratlon  the  particular 
fnlflion  of  Citizen  Genet,  Minifter  Plenipotentiary  from  the  Republic 
of  France  to  the  Congrefs  of  the  United  States,  on  the  fubjecl  of  ne- 
gcclation  relative  to  the  relmburfement  of  the  fums  due  or  that  may 
become  due  of  the  debt  of  the  United  States  to  the  French  Re- 
public. An  account  was  given  of  the  different  difpofitlons  and  fteps 
already  taken  for  this  puipofe.     It  was  obfened  that  confidering  the 

*  This  inJlniRion  is  depcfited  in  the  office  of  the  Minifler  for  foreign  af- 
fairs ^  and  a  certified  copy  thereof  has  lem  delivered  to  Citizen  Genet.       (7. 


nerica.' 


[  II  ] 

utility  of  applying  the  proda£l  of  the  reimbuifements  which  may  bf 
cffeAed  through  ConLT-cfs,  to  the  purchafe  of  warlike  ftores  and  pro- 
vifionSy  which  it  may  h^  convenient  to  the  Republic  to  procure  in  ihe 
different  markets  of  the  United  States  ;  that  the  Citizen  Genet  had 
concerted  on  this  head  with  the  minillersof  the  interior,  of  war,  of  the 
marine,  and  of  foreign  aifairs,  in  order  to  determine  the  mafs  of  the 
funds,  confidtd  to  him  for  thefe  purchafe*— bat  that  feveral  points  oc- 
curred, which  required  to  be  detinitively  fettled  by  tlie  council,  either 
as  to  the  forms  of  compatilility,  or  the  fupplying  of  any  deficiency  in 
thofe  funds,  in  cafe  tlie  American  government  fliould  not  realize  its 
reimburfements  m  proportion  to  the  purchafes  made  on  account  of  the 
Republic. 

Whereupon  the  provifoiy  execMtlve  council,  after  having  heard  and 
difcufled  the  reports  and  meafures  prefented  by  the  minifter  of  con- 
tributions, agi'ee  upon  the  following  : 

ill.  The  Citizen  Genet  fiiall  beauthorifed  to  employ,  agreeably  to 
the  orders  of  the  minifter  of  the  interior,  of  war,,  of  the  marine  and 
foreign  affairs,  the  fums  which  may  be  paid  to  him  on  account  of  the 
debt  due  by  the  United  States,  to  France,  or  the  whole  reimburfement 
thereof. 

2d.  In  order  to  facilitate  thefe  reimburfements,  the  Citizen  Genet, 
in  cafe  he  fhall  not  be  able  to  obtain  them  in  fpecie,  may  accept  thetn 
in  fuch  flate-notes  as  fhall  be  remitted  to  him  by  the  Ariierican  go- 
vernment, and  received  as  ready  money,  by  the  perfons  to  whom  Ci- 
tizen Genet  may  have  payments  to  make  on  account  of  the  Republic. 

3d.  The  orders  which  the  Citizen  Genet  fhall  furnifh  upon  the 
treafury  of  the  United  States,  in  exchange  for  their  value,  fhall  indicate 
the  department  on  account  of  which  they  may  be  drawn.  The  trea- 
fury of  the  United  States  after  difcharging  thefe  orders,  fhall  tranfmit 
them  to  the  treafury  of  the  French  Republic,  where  they  fhall  be 
confidered  as  fo  much  money,  in  difcharge  of  the  debt  of  the  United 
States,  and  as  making  a  part  of  the  fums  placed  by  the  National  Con- 
vention, to  the  difpofition  of  the  miniilerial  departments  defignated  in 
the  orders. 

4th.  In  cafe  the  reimburfements  of  the  United  States,  fhould  not 
be  effefted  in  time,  or  a  fum  fufficient  obtained — ^the  Citizen  Genet 
fliall  be  authorifed  to  furnifh  on  the  general  banker  of  the  national 
treafury,  bills  of  exchange,  at  two  months  fight,  to  the  amount  of  the 
fums  diredled  to  be  employed  by  him  in  the  payment  of  provlfionn, 
warlike  (lores  and  other  expenfes  ordered  by  the  faid  minillers.  Thefe 
nils  of  exchar.gsy  as  well  as  the  orders ^  fliall  be  ftamped  with  the  name 
of  the  miniflerial  department,  on  account  of  v/hich  they  fhall  hpve  been 
furnifhed,  in  prder  that  the  national  treafmy  may  debit  each,  with  the 
fum  expended  on  its  account;* 

5tb.  The  Citizen  Genet  fhall  furnifh  each  minifter  with  a  proper 
flatement,  accompanied  with  Ycuchprs  in  fuppprt  of  It,  as  wdl  of  the 
application  of  the  fund^,  conformably  tc  Hi^  pvders^  ad  of  the  manPfer  io. 
fvhich  he  fhaU  havig  obtained  them. 


[12]  • 

6th.  In  cafe  the  Citizen  Genet  (hall  have  received  from  the  Ameri* 
can  government,  bills  ur  ftate  fecurities,  (bans  d'etat)  in  reimburfement 
of  the  debt  of  the  United  States,  which  he  could  not  pafs  without  fomc 
facrifice,  the  lofs  in  that  cafe  (hall  be  confidered  as  part  of  the  expen- 
fes  of  purchafes,  tranfportation  or  payments  confided  to  him. 

7th.  A  certified  extradl  of  this  deliberation,  (hall  be  given  to  the 
comniittee  of  the  national  treafury,  to  enable  them  to  concur  in  expe- 
diting the  above  mentioned  arrangements ;  and  in  order  thereto,  to 
furnifh  the  Citizen  Genet  with  declamtions  and  powers  fufficient  to 
enfure  the  fuccefsof  the  important  operations  with  which  h^  is  charged. 
Duplicate  conformable  to  the  reg'iftsrf 
(Signed)     Grouvelle, 

Secretary  of  the  Council. 
I  hereby  certify  that  the  aforegoing  is  a  true  copy  from  the  original 
in  my  pofTefllon. 

The  Minijler  from  the  French  Republic ^  to  the  United  States  of  Americcu 

GENET. 


TRANSLATION. 
American  Debt,  Report  of  the  Minijler  of  public  contributions  ^  on 

2d  Report.  the  liquidation  of  the  American  Debt. 

THE  approaching  departure  of  the  Citizen  Genet,  on  his  embaffy 
to  the  United  States  of  America,  requires  that  the  provifory 
executive  council  (hould  again  take  up  the  fubje6l  of  the  debt  due  by 
the  United  States  to  the  Republic  of  France. 

I  have  given  information  to  Citizen  Genet  of  the  offers  made  by 
Colonel  Smith  of  New- York,  to  procure  to  the  Republic  not  only  the 
reimburfement  of  what  remains  due  from  the  United  States,  although 
not  yet  payable,  but  for  the  application  of  it,  either  for  fupplies  for  the 
army,  or  wheat,  flour  and  falted  provifions  in  augmentation  of  our  in- 
ternal fupplies. 

Colonel  Smith  has  gone  to  England,  and  has  left  no  other  accounts 
relative  to  the  operations  he  propofed  to  enter  upon  ;  fo  that  all  is  re- 
duced to  the  preliminaries'of  the  negociation. 

Thefe  preliminaries  conilll  pf  a  letter  from  the  minifter  of  public 
contributions  of  the  7th  of  November  latt  to  Colonel  iSmith,  after 
having  been  referred  to  the  executive  council. It  contains, 

I  ft.  An  extraft  from  the  regifters  of  the  council,  approving  the 
offers  of  Colonel  Smith. 

2d.  The  account  current  of  the  United  States  with  the  French 
Republic,  and  that  of  the  intereft  of  the  I  ft  of  January  next. 

3d.  Statement  of  the  lofs  which  the  national  treafury  would  fuftain 
on  the  reimburfements  whicli  it  has  received  from  the  United  States  of 
America,  if  they  are  not  held  accountable  for  the  difference  between 
the  alTicrnats  whis:h  it  received  and  the  fpecie. 

4th.  An  approbation  of  theredudlion  to  fterling  money  of  the  fum 

due  to  the  French  Republic  at  the  rate  pf  218.  or  one  guinea  for  25 

•livres,  10  fous,  French  monc)',  as  Colonel  Smith  was  to  obtain  it,  which 


[  "3  ] 

fum,  confifting  of  the  capital  due,  of  the  Intcreft  iip  to  the  firft  of  Ja- 
nuary next,  and  the  lofs  on  payments  aheady  made,  was  to  be  paid  at 
London. 

5.  The  approbation  of  the  price,  and  conditions  on  which  Colonel 
Smith  offered  to  furnifli  firelocks,  deliverable  at  Dunkirk,  agreeably 
to  famples  to  be  fent  there  by  him. 

I  have  tranfmitted  a  copy  of  all  thefe  papers  to  Citizen  Genet,  to 
whom  the  accounts  will  prove  ufcful  in  negociating  the  reimburfement 
of  the  debt  of  the  United  States,  and  the  fums  arifing  from  the  reim- 
burfement for  the  neceflities  of  the  Republic. 

The  Citizen  Genet  will  obferve  that  the  amount  will  have  been  di- 
miniftied  on  his  arrival  in  the  United  States,  if  we  calculate  the  advan- 
ces made  by  the  federal  treafury,  on  the  requifition  of  Citizen  Temant, 
to  fatisfy  the  demands  of  cafli  and  provifions  made  at  Philadelphia,  by 
the  adminiftrators  of  the  French  part  of  St.  Domingo  ;  advances  which 
the  federal  treafury  will  of  couife  count  as  fo  much  of  the  balance  due 
by  the  United  States  to  the  Republic  of  France. 

The  Citizen   Genet  afterwards  requefted  inftrudlions  as  well  with 
refpeft  to  the  conditions  on  which  he  (hould  accept  the  reimbuifcment 
he  hopes  to  obtain  from  the  American  government,  as  to  the  employ- 
ment of  the  fums  which  (hall  be  delivered  to  him. 
OBSERVATIONS. 

There  can  be  no  doubt  but  that,  the  American  government  will  le 
liberal  towards  France,  and  not  reap  a  benefit  from  acquitting  itfelf 
with  aflignats.  However  as  a  part  of  the  debt  yet  unpaid,  is  rot  be- 
come due,  and  a  law  relative  to  the  acquitment  of  this  debt  prefcribcs 
to  the  executive  power  of  America,  not  to  anticipate  any  payment 
unlefs  upon  advantageous  terms  for  the  United  States  ;  it  appears  that 
this  ought  to  be  fulfilled  previous  to  the  executive's  entering  into  a 
negoclation. 

This  is  at  leaft  the  refult  of  a  letter  written  by  Secretary  Hamilton 
on  the  7th  of  March  laft,  to  the  Citizen  Temant.  He  obferves  to 
that  Ambaffador  that  the  fums  lent  by  France,  were  borrowed  in  Hol- 
land ;  that  fix  months  elapfed  between  the  time  of  obtaining  the  money 
at  Amfterdam,  and  its  recipt  at  the  treafury  in  America  j  and  that 
the  intereft  paid  during  that  term  vt'as  a  dead  lofs.  But  this  lofs  can 
have  no  relation  to  France.  The  intereft  is  due  to  her,  fiom  the 
moment  of  the  payment,  and  payment  vras  made  the  inftant  that  the 
money  was  lodged  at  Amfterdam  to  the  difpofal  of  the  Americans. 

This  objeft  does  not  appear  then  to  give  rife  to  any  compenfation  j 
and  without  doubt  the  American  treafury  will  think  it  proper  to  hold 
to  the  advantage  the  law  requires  for  authorizing  the  anticipation  of' 
the  payments,  which  the  United  States  are  obliged  to  make  to  France. 

The  law^  does  not  fpecify  this  advantage.  What  fhould  it  be  ?  The 
employment  of  the  money  on  account  of  the  French  Republic  within 
the  United  States,  is  a  very  great  advantage  for  them,  and  this  em- 
ployment arifes  from  circumftancfis  which  probably  would  no  longer 
exift,  if  the  American  treafuyy  (hould  refufe  to  anticipate  reimburfc- 


t   14  ] 

inents.  The  advantage  here  is  real  ;  it  confiiU  not  only  in  a  confix 
derable  exportation  of  American  produce,  which  will  be  paid  (Ik  with 
thofe  anticipated  reimburfements  ;  but  alfo  in  the  arrangements  which 
the  American  government  may  take  by  means  of  ftate  notes,  negotiable 
in  America  itlelf. — Arrangements  which  would  relieve  her  from  all 
financial  operations  in  Europe,  for  the  purpofe  of  acquitting  themfelves 
even  in  France,  where  the  United  States  are  obliged  to  make  payment. 
And  the  employment  of  thofe  fums  in  America,  due  to  the  French 
Republic,  fo  convenient  to  the  United  States  in  the  prefent  circum- 
flances,  would  fuit  the  convenience  of  the  Republic. 

The  minifter  for  foi-eign  affairs  has  already  ordered  a  purchafe  of 
gi-ain,  flour,  and  falted  provifions,  to  the  value  of  3,000,000  livres,  on 
account  of  the  Americati  debt,  and  this  purchafe  could  not  be  paid 
for  more  advantageoufly  than  in  this  manner. 

It  would  be  convenient  to  the  Republic  to  give  further  commif- 
fions  for  grain,  even  to  the  amount  of  the  balance  due  by  the  United 
States  ;  nor  could  this  be  blameable,  as  every  circumilance  concurs  in 
inviting  the  provifoiy  executive  council  to  provide  the  Republic  with 
large  fupplies  of  provifions,  and  promptly  ;  and  whether  in  refpeft  to 
the  market  or  the  payment,  nothing  could  at  this  moment  be  more  be- 
neficial to  America,  and  no  money  obtained  eafier  than  that  with  which 
the  United  States  could  pay  us. 

The  fum  to  be  difpofed  of,  will  not  perhaps  prove  fo  confiderable 
as  were  to  be  wiflied,  confideriug  the  wants  of  the  French  colonies, 
which  undoubtedly  will  have  occafioned  new  demands  to  be  made  at 
Philadelphia,  fince  thofe  acquitted  by  the  Citizen  Ternant,  of  the 
monies  remitted  to  him  by  the  federal  treafury,  as  is  ftated  In  his  letter 
of  the  9th  of  March. 

It  remains  to  fpcak  of  the  conditions  on  which  the  American  go- 
vernment would  exonerate  itfelf  towards  the  Republic  ; — ^thofe  pro- 
pofedby  Secretary  Hamilton,  in  his  letter  of  the  23d  of  June,  1792, 
to  the  Minifter  Plenipotentiary  of  France. 

He  reminds  us  that  it  has  already  been  agreed,  bctwe«i  the  French 
government  and  the  United  States,  warlike  ftores  f  munitions)  fumifhed, 
and  the  payments  made,  and  to  be  made  in  the  United  States,  on  ac- 
count of  the  debt  due  to  France,  fliould  be  liquidated  agreeably  to  the 
intrinfic  value  of  the  metals  in  the  two  countries. 

This  agreement  is  the  moft  equitable  that  could  poflil^y  be  entered 
into,  when  we  confider  that  France  (hpuldbepaidat  her  own  treafury, 
agreeably  to  the  above  method  of  calculation,  the  expenfe  of  tranf- 
portation  of  the  metals  from  America  to  France,  and  the  infurance. 
But  by  anticipation  of  reimburfement,  thw  bonification  would  be  aban- 
fioned. 

In  confequcnce  of  this  convention.  Secretary  Hamilton  fixes  the 
quantity  of  pure  gold  and  pure  filver  contained  in  a  Louis  and  French 
crown  :  he  compares  them  with  the  quantity  of  the  fame  matters 
contained  agreeably  to  law  In  a  dollar  ;  and  cpncludes  (errors  in  jn-. 
formation  or  calculation  excepted)  that  a  French  llvrq  Is  ^qual  tQ 


C  «J  ] 


:nt  circum- 


'.  concurs  m 


eighteen  15*00  cMts  of  money,  equal  to  the  hundredth  part  of  a 

dollar.*" 

It  is  upon  this  principle  he  propofes  to  convert  our  French  livres 
into  the  dollars,  which  will  be  dehvered  in  the  United  States  to  the 
French  agents  authorifed  to  tranfa£k  this  bufinefs. 

I  think  this  redu£fcion  ftiU  more  advantageous  to  the  Republic,  than 
the  promife  made  by  Colonel  Smith,  in  cafe  we  Ihould  obtain  antici- 
pated reimburfements.  Be  it  as  it  may,  we  cannot  refuft  it ;  and 
doubtlefs  Secretary  Hamilton  takes  for  gtanted,  that  all  the  articles 
of  the  account  current,  between  the  French  Republic  and  the  United 
States,  will  be  turned  into  dollars  agreeably  to  this  Ilandard.  This 
account  is  in  the  pofTelllon  of  Citizen  Genet — it  is  neceffar}'  only  to 
make  it  out  in  two  columns  on  the  debit  and  credit  fides — to  wit — an 
inner  column  for  the  French  livres,  and  an  outer  column  for  the  Ame- 
rican dollars. 

The  accoimt  of  intereft  (hoiild  be  made  without  this — fixing  an 
epoch  pofterior  to  the  ift  of  January,  1793,  for  clofing  the  fame, 
after  the  arrival  of  Citizen  Genet,  which  cannot  be  fo  early  as  that 
date. 

Thus  the  account  current,  of  which  he  is  the  bearer,  will  ferve  him 
only  as  a  note  fixing  the  dates  and  fums  by  which  another  account 
of  capital  and  intereft  may  be  made  out,  and  the  converfion  of  each 
article  therein,  into  dollars,  will  do  away  the  necelfity  of  an  account 
of  lofles  by  exchange.  The  reimburfements  made  and  not  comprifed 
in  this  account  are  to  be  added  to  it. 

This  brings  m^  to  the  obfen'ations  which  I  was  induced  to  make  in 
reply  to  thofe  of  Citizen  Genet,  relative  to  the  liquidation  and  reim- 
burfement  of  the  A^eripan  debt,  and  therefore  propofe  to  the  council, 
the  following 

DECISION. 

That  the  Citizen  Genet,  Minifter  Plenipotentiary  of  the  Repubb'c 
to  the  United  States  of  America,  be  charged  by  the  provifory  ej^ecu- 
tive  council,  to  follclt  from  the  American  government  the  reimburfe- 
ment  of  the  balance  remaining  due,  capital  and  intereft,  by  the  United 
States  to  the  French  Repub^c, 

That  he  aftlgn  as  a  reafon  for  this,  the  prelfing  neceffities  of  the 
Republic,  occupied  in  the  defence  of  its  liberty  and  independence,  as 
the  United  States  defended  tlieirs  when  this  fum  was  lent  to  them. 

That,  as  a  law  of  the  United  States  authorifes  the  federal  govern- 
ment to  make  thefe  reimburfements  by  anticipation,  only  in  cafe  of 
an  advantage  refulting  to  the  United  States,  by  fo  doing,  the  Citizen 
Genet  promifes  the  government,  that  the  whole  fum,  delivered  to  him , 
fhall  be  employed  in  the  purchafe  of  fupplies  the  growth  of  the  United 
States,  purchafed  and  paid  for  within  the  fame. 

That,  as  the  United  States  wilh  to  reimburfe  what  they  owe  to 
France,  without  reaping  advantage  therefrom  in  any  manner,  from  the 
prefent  ftate  of  exchange,  the  Citizen  Genet  be  authorifed  to  confent 
to  a  converfion  of  French  livres  into  dollars,  upon  tlie  rule  fixed  upon. 


[16} 

▼iz— the  quantity  of  pure  gold  and  pure  filvcr,  contained  in  a  Louifl, 
and  in  a  French  crown,  and  in  the  American  dollars,  agpreeaDly  to 
the  laws  of  both  countries,  fixing  the  value  of  thofe  coins. 

That  the  Citizen  Genet  enipToy  the  fums  he  (hall  receive  from  the 
American  government,  agreeably  to  the  difpofitionn  for  that  purpofe 
made  in  concert  between  the  miniflers  of  war,  of  the  marine,  and  fo- 
reign afTciirs. 

And  that  certified  copies  of  this  report,  of  the  obfervations,  and  of 
the  deciiion,  fhall  be  tranfmitted  to  the  Citizen  Genet,  for  his  in- 
ftru£lions. 

Read  and  approved,  in  the  provifory  executive  council  at  Paris, 
the  4th  of  January,  1793 — in  the  2d  year  of  the  French 
Republic. 

M  O  N  G  E,  Prcfident. 
Le  B  R  U  N,   Mmjlerfor  Foreign  Jffairs. 

NatlonalTreafury.  TRANSLATION. 

Copy  of  a  letter  written  by  the   Commj^oners  of  the 
National  treafury^  to  the  Prefident  of  the  Provifory 
Executive  Council. 
Citizen  President, 

WE  have  received  the  extraA  which  the  provifory  executive 
council  have  addrefled  to  us  of  their  deliberation  of  the  4th  of 
the  prefcnt  month,  by  which  the  Citizen  Genet,  minifter  from  the  Re- 
public to  the  United  States  of  America,  is  authorifed  to  make  ufe  of 
the  fums  which  the  Congrefs  may  be  able  to  pay,  of  the  debt  due 
by  the  United  States  to  France,  or  thofe  which  he  may  be  able  to 
procure  on  his  own  notes,  payable  by  the  caftiier  of  the  National 
Treafury,  in  purchafing  provifions  and  warlike  ftores  agreeably  to  the 
orders  which  (hall  be  given  him  by  the  miniflers  of  the  interior,  of 
war,  of  the  marine,  and  of  foreign  affairs. 

To  concur  as  far  as  is  in  our  power,  and  according  to  the  inten- 
tions of  the  executive  council,  in  forwarding  the  meafures  pointed 
out  in  the  deliberation,  we  have  the  honor  to  afliire  you,  Citizen  Pre- 
fident, that  whatever  fum  fhall  be  fent  to  us  in  the  name  of  Congrefs, 
of  the  acquittances  or  orders  fumifhed  by  the  Citizen  Genet,  to  the 
treafurer  of  the  United  States,  and  indicating  the  department  of  the 
French  miniflry,  for  which  he  fhall  have  ifTued  them,  we  fhall  imme- 
diately advife  the  executive  council  thereof,  in  order  that  we  Tmay  be 
enabled  to  credit  the  American  Congrefs,  on  account  of  their  debt,  for 
their  amount. 

Should  the  reimburfements  which  Congrefs  may  make,  prove  infuf- 
ficient  to  anfwer  the  different  purpofes  required  by  the  miniflers  of 
the  Republic  ;  and  Citizen  Genet,  to  fulfil  his  miffion,  be  obliged  to 
recur  to  his  own  notes,  payable  at*  two  months  fight,  upon  Citizen 
Doyer,  general  cafhier  of  the  National  treafury  ;  we  fhall  examine  when 
prefeuted,  and  immediately  refer  them  to  the  miniller,  to  whofe  de- 
partment they  fhall  relate,  in  order  that  in  the  intA  val  between  their 


[  '7  3 

txamlnation  and  time  of  payment,  the  minlftcra  may  have  the  proper 
and  regular  autlioritles  exiietlitcd  to  authorife  the  payment. 

As  our  funf^ions  are  unconneclied  in  a  dlrc(^  manner  with  the  mi- 
nifters  fent  by  the  Republic  to  the  difTerent  govcrnraents,  we  con- 
ceive that  this  letter  anfwers  the  intentions  manifoftcd  by  the  execu- 
tive council  in  article  7,  of  their  deliberations,  that  we  fhould  concur 
in  the  difpolitions  contained  therein.  Authenticated  copies  of  this 
letter,  expedited  in  the  name  of  the  executive  council  to  the  minifter 
Genet,  will  give  him  fufficient  afTurances,  for  his  miflion.  Citizen 
Prefident,  of  all  the  fagility  which  can  be  derived  from  our  concur- 
rence.    We  are,  with  refpeft,  &c. 

(Signed)  By  the;  Comm'iffioners  of  the  Nntlonal  Trenfury, 

Lermina,  Gaudin,  Devaine,  De.  LA  Fontaine, 

SavELETE  f.  et  DUTRAMBI.AY. 

Paris,  8  January,  1793,  ^dyearojthe  French  Republic. 
WE,  the  underfigned  minifters  and  members  of  \\\t  provifory  exe^iL 
cntive  council  of  the  French  Republic,  certify  that  the  above  are  tlic 
fignatures  of  the  comniiflioners  of  the  national  treafuvy  of  the  republic  ; 
and  that  the  letter  under  which  they  are  figned,  was  written  in  onfc- 
quence  of  the  mifilon  given  by  us  to  Citizen  Genet,  MtTiifttjr  Pleni- 
potentiary from  the  Republic  to  the  Congrefs  of  the  United  States, 
to  endeavour  the  reimburfement  of  the  debt  due  from  the  Urn'tcd 
States  to  France,  and  the  purchafe  of  provifions  in  the  feveral  markeis 
of  North  America. 

Done  in  the  Provifory  Executive  Council  at  Paris,  the  1 7th  of 
January,  I7^3»  in  the  2d  year  of  the  French  Republic. 

'The  members  compojin^  the  Provifory  Executive  Council. 
(Signed)  Claviere,  le  Brun,Pache,  Roland, Monge,Garat. 
I  hereby  certify,  that  the  aforegoing  is  a  true  copy  from  the  original 
in  my  poflefllon. 

The  Minifter  Plenipotentiary  from  the  French  Republic,  to 
'  the  United  States  of  America, 

(Copy)  GENET, 

TRANSLATION. 

Philadelphia,  May  23d,  1793, 
2d  year  of  the  Republic. 
The    Citixen  Genet,  Min'fler  plenipotentiary  of  the  French  Republic,  /« 
Mr.  jfe^erfon.  Secretary  offlaiefur  the  United  States. 
Sir, 

SINGLE,  againft  innumerable  hordes  of  tyrants  and  flaves,  whq 
menace  her  riiing  liberty*  the  French  nation  would  have  a  right 
to  reclaim  the  obligations  impofed  on  the  United  States,  hj  the  trea- 
ties (he  has  contracted  with  them,  and  which  fiie  hat;  ccir.eiUcd  with 
her  blood  ;  but  ftrong  in  the  greatnefs  of  her  means,  and  of  the  powc^ 
of  her  principles,  not  lefs  redoubtable  to  her  enemies,  than  the  vi^-^ip- 
rious  arm  which  fne  oppofes  to  their  rage,  (lie  ccrr.:;s,  in  the  ve:-y 
time  when  the  cmifiarieg  of  our  commpu  enemies   arc;  making  ui"t»- 


.         [  .8  ] 

lefs  efforts  to  neutralize  the  gratitude} — to  damp  the  seal, — to  weaken' 
or  cloud  the  view  of  your  lellow-citizens ; — flie  comes,  I  fay,— that 
generous  nation — that  faithful  friend,  to  labour  ilill  to  increafe  the 
profperity*  and  add  to  the  happinefs  which  fhe  is  pleafed  to  fee  them 
enjoy. 

The  obftacles  raifed  with  intentions  hoftile  to  liberty,  by  the  perfi- 
dious minifters  of  defpotifm  ; — the  obllacles  whofe  objcft  was  to  flop 
the  rapid  progrefs  of  the  commerce  of  the  Americans,  and  the  ex- 
tenfion  of  their  principles,  exill  no  more.  The  French  Republic, 
feeing  in  them  but  brothers,  has  opened  to  them  by  the  decrees  no^ir 
enclofed,  all  her  ports  in  the  two  worlds ; — has  granted  them  all  the 
favors  which  her  own  citizens  enjoy  in  her  vail  poflefTions  ; — has  in- 
vited them  to  participate  the  benefits  of  her  navigation,  in  granting  to 
their  veffels  the  fame  rights  as  her  own  ; — and  has  charged  me  to  pro- 
pofe  to  your  government,  to  edablifh  in  a  true  family  compaft,  that 
is,  in  a  national  compafl,  the  liberal  and  fraternal  bafis,  on  which  (he 
wilhes  to  fee  raifed  the  commercial  and  political  fyllem  of  two  people, 
all  whofe  interefts  are  blended. 

I  am  invefted,  fir,  with  the  powcrr.  neceflary  to  undertake  this  im- 
portant negociation,  of  which  the  fad  annals  of  humanity,  offer  no  ex- 
ample before  the  biilliant  era  at  length  opening  on  it. 

GENET. 


TRANSLATION. 
Decree  of  the  National  Convention  of  igth  FeBruary^  i793»  ^^ 
Tear  of  fhe  French  Republic^  relative  to  produce  exported  and  imported 
in  American  veffels^  to  the  Colonies  or  to  France. 

THE  National  Convention,  after  having  heard  the  report  of  the 
committee  of  general  defence — Decrees  as  follows  : 

Art  I.  That  all  the  ports  of  the  French  Colonies  b^open  to  vef- 
fels of  the  United  States  of  America. 

Art  2.  That  all  produce  exported  orHmported  in  American  veffels 
on  going  out  or  entering  in  the  Colonies  or  in  France,  pay  the  fame 
duties  as  that  boi'fte  by  French  veffels. 

Art  3.  That  the  executive  council  be  authorized  to  take  propei* 
meafnres  that  the  Hates  with  whom  the  Republic  are  at  war,  do  not 
reap  any  benefit  from  the  advantages  granted  to  friendly  powers. 

Art  4.  That  the  executive  power  negociate  with  the  Congrefs  of 
the  United  States,  to  obtain  in  favour  of  the  French  merchants,  a  like 
reduftion  of  the  duties  granted  by  the  prefent  law  to  American  mer- 
chants, and  thereby  more  clofely  cement  the  benevolent  ties  which 
unite  the  two  nations. 

Art.  5.  That  the  law  of  the  20th  of  Auguft,  1 790,  be  fufpended  ; 
and  that  veffels  ladeii  with  merchandize  of  the  Eaft-Indies,  may  be  at 
libeity  to  land  in  any  port  of  the  Republic,  during  the  war  ;  and  that 
thofe  which  fhall  be  laden  with  the  productions  of  the  Ifle  of  France, 
and  of  Bourbon,  fhall  henceforward  enjoy  the  fame  privilege. 

The  National  Convention  ha«  fufpended  the  law  of  the  1 5th  of  Wi^% 


[  «9  ] 

1 791,  which  inhibited  the  Amcncans  from  introducing,  felling,  and 
arnung  their  velFels  in  France,  and  from  enjoying  all  the  advantages 
allowed  to  thofe  built  in  the  (hip-yards  of  the  Republic. 

Certified  to  be  conformable  to  the  decree  of  the  National  Conven- 
tion of  France. 

The  Mtnijier  Plenipotentiary  of  the  French  Republic, 

GENET. 


Philadelphia,  May  15th,  1793. 
Mr.  Jefferfony  Secretary  of  State,  to  M.  Ternant,  Miniver  Plenipotentiary 

of  France. 
Sir, 

HAVING  received  feveral  memorials  from  the  British  minifter, 
on  fubjcAs  arifing  out  of  the  prefent  war,  I  take  the  liberty  of 
enclofing  them  to  you,  and  (hall  add  an  explanation  of  the  determina- 
tions of  the  government  thereon.  Thefe  will  fcrve  to  vindicate  the 
principles  on  which  it  is  meant  to  proceed,  and  which  are  to  be  ap- 
plied with  impartiality  to  the  proceedings  of  both  parties.  They 
will  form,  therefore,  as  far  as  they  go,  a  ride  of  adlion  for  them,  and 
for  us. 

In  one  of  thefe  memorials,  it  is  dated,  that  arms  and  military  ac- 
eoutrements  are  now  buying  up  by  a  French  agent  in  this  country, 
with  an  intent  to  export  them  to  France.  We  have  anfwered  that  our 
citizens  have  always  been  free  to  make,  vend,  and  export  arms :  that 
it  is  the  conilant  occupation  and  livelihood  of  fome  of  them.  To  fup- 
prefs  their  callings,  nie  only  means  perhaps  of  their  fubiillence,  becaufr 
a  war  exifts  in  foreign  and  didant  countries,  in  which  we  have  no  con- 
cern, would  fcarcely  be  expelled.  It  would  be  hard  in  principle  and 
impoffible  in  pradlice.  The  law  of  nations,  therefore,  refpedling  the 
rights  of  thofe  at  peace,  has  not  required  from  them  fuch  an  internal 
derangement  in  their  occupations.  It  is  fatisfied  with  the  external 
penalty  pronounced  in  the  Prefident's  proclamation,  that  of  confifca- 
tion  of  fuch  portion  of  thefe  arms  as  fliall  fall  into  the  hands  of  any  of 
the  belligerent ,  powers,  on  their  way  to  the  ports  of  their  enemies. 
To  this  penalty  our  citizens  are  warned  that  they  will  bb  abandoned, 
and  that  the  purchafe  of  arms  here,  may  work  no  inequality  between 
the  parties  at  war,  the  liberty  to  make  them  will  be  enjoyed  equally 
by  both. 

Another  of  thefe  memorials,  complains  that  the  conful  of  France, 
at  Charlefton,  has  condemned  as  legal  prize,  a  BritHh  veflel  captured 
by  a  French  frigate,  obferving  that  this  judicial  av*il  is  not  warranted 
by  the  ufage  of  nations,  nor  by  the  ftipulations  exifling  between  th« 
United  States  and  France.  It  is  true  that  it  is  not  fo  warranted, 
nor  yet  by  any  law  of  the  land,  and  that  therefore  it  is  a  mere  nullity; 
can  be  vcfpedled  iu  no  coiut ;  make  no  part  in  the  title  to  the  veflel^ 
nor  give  to  the  purchafer  any  t>ther  fecurity  than  what  he  would  have 
had  without  it ;  that  confequently  it  ought  to  give  no  concern  to  any 
perfon  interefted  in  the  fate  of  the  vcfiek     While  we  h»ve  confidered 


* 


[  ^-o] 


this  to  be  llic  proper  anfwcr,  as  between  \i9  and  GrtM  Britain ;  be- 
tween m  aiul  France,  it  is  an  ail  to  which  we  cannot  but  be  attentive. 
An  afFumption  of  jiuildidion  by  an  officer  of  a  foreign  powv;r,  incafcn 
which  have  not  been  permitted  by  the  nation  within  wliofe  limits  it  has 
been  exercifed,  coidd  not  be  deemed  an  ai'ilof  Indiffcve  xe.  We  have 
hot  full  tvidenee  that  the  cafe  Ikjs  happened  ;  but  on  fuch  an  hypo- 
ihefis,  while  we  Ihould  be  difpofed  to  view  it  in  this  iuilance,  yu  an 
ciTor  in  judjrment  in  the  particular  officer,  we  (lionld  rtly,  fir,  thiit  yoii 
■would  i.iterpofe  ellicaclouny  to  prevent  a  repetition  of  the  error  by 
him,  or  av.y  cthi*r  of  the  confuls  of  your  nation. 

Oar  information  is  not  pcrfcd  on  the  fubjeel  matter  of  another  of 
tlitfo  ir.emorials,  which  Ibtcs,  tli.it  a  vcffel  has  been  fitted  out  at 
Cbarlellon,  manned  there,  and  partly  too  with  citizens  of  the  United 
States,  rtccived  a  commilfion  there  to  cruize  againft  nations  at  peace 
^'ilh  us,  and  h:\3  taken  and  fent  a  Britifli  vefTel  into  this  port.  With- 
out taking  all  thefe  fads  for  granted,  we  have  not  helitated  to  exprefs 
txur  highell  difappi-obation  of  the  conduct  of  any  of  our  citizens,  who 
may  ptrfonally  engage  in  committing  hoftilities  at  fca,  againft  any  of 
the  nations,  parties  to  the  prefent  war  ;  to  declare  that  if  the  cafe  has 
happened,  or  that  ihould  it  happen,  we  will  exert  all  the  means  with 
which  the  lav/s  and  conilitution  have  armed  us,  to  difcover  fuch  offen- 
ders and  bring  them  to  condign  piinilhmcnt.  And  that  the  like  con- 
du6l  (hall  be  ohferved,  lliould  tiie  like  entcrprifes  be  attempted  againil 
your  nation,  I  am  authorifed  to  give  you  the  moft:  unreferved  aflurances. 
Our  friendfliip  for  all  the  parties  at  war ;  our  defire  to  purfue  ourfelves 
tiie  path  of  peace,  as  the  only  one  leading  furely  to  profperity,  and 
our  wifli  to  preferve  the  morals  of  our  citizens  from  being  vitiated  by 
courfes  of  lawlefs  phnider  and  murder,  are  a  fecurity  that  our  pro- 
ceedings in  tiiis  refpcd,  will  be  with  good  faith,  fervor,  and  vigilance. 
The  arming;  of  ncn  and  vc-ifcls  wiliiin  our  territory,  and  without  con- 
fent  or  confultation  on  o\ir  j>art,  to  wage  war  on  nations  with  which 
we  are  in  peace ;  are  ads,  wliich  wq  will  not  p;ratuitoufly  impute  to 
the  public  aiithority^  of  France  :  tliey  are  flattd  indeed  with  pofitive- 
nefs  in  one  of  the  memorials  ;  but  our  unwillingnefs  to  believe  that  the 
French  nation  could  be  v/anting  in  refped  or  friendfhip  to  us  on  any 
occafion,  fufpends  ourailent  to,  and  condufions  upon  thefe  ftatements, 
till  further  evidence.  There  is  IHII  a  further  point  in  this  memorial,  to 
which  no  imfwer  Jias  vet  been  piven. 

The  capture  of  tlie  Britira  fhip  Grange,  by  the  French  frigate, 
rEmbufcade,  within  the  Delaware,  has  been  the  fubjed  of  a  former 
K'tter  to  you.  On  full  ar.d  mature  confidenition,  the  government 
deems  the  capture  to  have  been  unqueiHonably  within  its  jurifdidion, 
and  that  according  to  the  rules  of  neutrahty,  and  the  protedion  it 
bwts  to  all  perfons  wlu'le  within  its  limits,  it  Is  bound  to  fee  that  the 
crew  be  liberated,  and  the  vefiel  and  cargo  reftored  to  their  former 
owiicrs.  The  Attorney-General  of  the  United  States,  has  made  a 
ilatement  of  the  grounds  of  this  determination,  a  copy  of  which  I 
kave  the  honour  to  enclofe  you.     I  am  In  confequence  charged  by  the 


h  i 


[  II J 

Prcfidcnt  of  tkc  United  States,  to  exprefs  to  vou  hit  expectation, 
and  at  the  fame  time,  his  confidence  that  you  will  be  pleafed  to  take 
immediate  and  efFedual  meafures  for  having  the  (hip  Grange  and  her 
cargo,  reilored  to  the  BritiHi  owncrsi  and  the  pcrfons  taken  on  board 
her,  fct  at  liberty. 

I  am  perfuaded,  fir,  you  will  be  fenfible  on  mature  confideration, 
that  in  forming  thefe  determinations,  the  government  of  the  United 
Stat.  9,  haslidencd  to  nothing  but  the  dilates  of  immutable  juftice  : 
thtiy  confider  the  rigorous  exercife  of  that  virtue,  as  the  furell  mean* 
of  prefei-ving  perfect  harmony  between  the  United  States  and  the 
powers  at  war.         I  have  the  honor  to  be. 

With  fentiments  of  great  refpedt. 
Sir, 
Your  moft  obedient  and 
^  moft  humble  fervant, 

Th:  JEFFERSON. 


t 


Thf  Jfttomey-General  of  the  United  States^  has  the  honor  of  fuhmtttitig  to 
the  Secretary  of  State^  hie  opinion  concerning  the  felxure  of  tbejhlp 
Grange, 

THE   ESSENTIAL  FACTS  ARE, 

;X  HAT  the  river  Delaware  takes  its  rife  within  the  limits  of  the 
iJrtiMtd  States. 

-'  I'hat  the  whole  of  its  defcent  to  the  Atlantic  Ocean,  is  covered  on 
tadfi  fide  by  the  tertritory  of  the  United  States : 

Tlbat  from  tide-water,  to  the  diftance  of  about  fixty  miles  from  the 
Atkrittic  Ocean,  it  is  called  the  river  Delaware  : 
>  That  at  this  dUlance  from  the  fea,  it  widens  and  alTumes  the  name 
of  the  Bay  of  Delaware,  which  it  retains  to  the  mouth  : 

That  its  mouth  is  formed  by  the  capes  Henlopen  and  May ;  the 
forfltir  belonging  to  the  ftate  of  Delaware  in  property  and  jurifdic- 
lion  I  the  latter  to  the  itate  of  New-Jeifcy. 

yjr  That  the  Delaware  does  not  lead  from  the  fea  to  the  dominions  of 
«ny  fcreign  uation  : 

That  from  the  eftablifhment  of  the  Britifh  provinces  on  the  banks 
fllf  tl»€  Delaware  to  the  American  revolution,  it  was  deemed  the  pecu- 
liar navigation  of  the  Britifh  empire  :  * 
1^  That  by  the  treaty  of  Paris  on  the  3d  day  of  September,  1783,  his 
Britannic  Majefty  relinquifhed,  with  the  privity  of  France,  the  fove- 
reignty  of  thofe  provinces,  as  well  as  of  the  other  provinces  and  co- 
lonies :                                                               % 

And  that  the  Grange  was  arrefted  mthe  Delaware,  within  the  capes, 
before  ftie  had  reached  the  fea,  after  her  departure  from  the  port  of 
Philadelphia. 

It  is  a  principle,  firm  in  reafon,  fupported  by  the  civilians,  and 
tacitly  approved  in  the  document,  tranfmitted  by  the  French  minifter, 
that  to  attack  an  enemy  in  a  neutral  territory  is  abfolutely  unlawfid. 


^ 


r 


■■^^ 


^  1 


t 


[  ^--  ] 

Hmcf  the  itiqitiry  is  reditccil  to  thin  iiinple  form,  whether  the  place 
of  fcixure  wag  in  the  territory  uf  the  Unitcii  States  ? 

From  a  queiliuii  originating^  under  the  foregoing  circumftanco*  ii 
obvioully  and  properly  exchided,  every  confideration  of  a  dominion 
over  the  Jia.  The  fulidity  of  our  neutral  right,  does  not  depend* 
i.i  this  cafe,  on  any  of  the  various  didaticcx,  claimed  on  that  element, 
by  different  nations,  poffeflln^  the  neighbuuring  (hore.  But  if  it 
iiid,  the  Held  would  probably  be  found  more  extenfive,  and  more  fa> 
Toiuabte  to  our  demand,  than  is  fuppofed  by  the  document  above 
referred  to.  For  the  ntcejfary  or  natural  law  of  nations,  imchanged  as 
la  is,  in  this  iuitanee,  by  any  compact  or  other  obligation  of  tlie  United 
flutes,  will  perhapH,  when  combmed  with  the  treaty  of  Paris  in  1 783, 
juilif;/^  us  in  attaching  to  our  coufls  un  extent  into  the  fea,  beyond  the 
reach  of  cannon  fhot. 

In  like  m:;nncr  is  excluded  every  confitleration,  how  far  the  fpot 
of  fei2ure  was  capable  of  being  defended  by  the  United  States.  For, 
although  It  will  nut  be  conceded  that  this  could  not  be  done  ;  yet 
win  it  rather  appear,  that  the  mutual  rights  of  the  dates  of  New-Jerfey 
and  Delaware,  up  to  the  middle  of  the  river,  fupercede  the  neceflity  of 
fuch  an  inveibVation. 

No.  The  corner  ftone  of  our  claim  is,  that  the  United  States  arc 
proprietors  of  the  lands  on  both  fides  of  the  Delaware,  from  its  head 
to  its  entrance  into  the  fea. 

The  high  Ocean,  \n  general^  it  is  true,  is  unfufceptible  of  becoming 
property.  It  is  a  gift  of  nature,  manifeitly  delUned  for  the  ufeof  aU 
mankind — inexhauftible  in  its  benefits — not  adn^itting  metes  and 
bounds.  But  rivers  may  be  appropriated ;  becaufe  the  reverfe  is  their 
fituatlon.  Were  they  open  to  all  the  world,  they  would  prove  the  in- 
lets of  peqietual  difturbance  and  difcord ;  would  foon  be  rendered 
barren  by  the  number  of  thofe,  who  would  (hare  in  their  products ;  and 
moreover  may  be  defined. 

"  A  river,  confidered  merely  as  fuch,  is  the  property  of  the  people, 
through  whufe  lands  it  flows,  or  of  hhn  under  whofe  jurifdi£lion  that 
people  is."     Grot.  b.  2.  c.  2.f.  12. 

**  Rivers  might  be  held  iu  property  ;  though  neither  where  they  rife, 
nor  where  they  difcharge  themfelves  be  within  our  territory,  but  they 
join  t(>both,  or  the  fea.  It  is  fufhcient  for  us,  that  the  larger  part  of 
*;  water,  that  Is,  the  fides.  Is  (hut  up  in  our  banks,  and  that  the  river,  in 
refpeft  of  our  land,  is  itfelf  fmall  and  infignificant."  Grot.  b.  2. 
c.  3.  f.  7,  and  Barbegroe,  in  his  note  fubjolus,  that  neither  of  thofe  is 
neceflary. 

*•  Rivers  may  be  the  property  of  whole  ftates."  Puff.  b.  3.  c.  3.  f.  4. 

**  To  render  a  thing  capable  of  being  appropriated,  it  is  not  ilrid\ly 
ncccfiar)',  that  v>re  ihould  enclofe  i]t,  or  be  able  to  enclofe  it  within  artifi- 
cial bounds,  or  fuch  as  are  different  from  Its  own  fubftance ;  it  Isfuffi- 
cient  if  the  compafs  and  extent  of  It  can  be  any  way  determined.  And 
therefore  Grotius  hath  given  himfelf  a  needlefs  trouble,  when,  to  prove 
rivera  capable  of  property,  he  ufeUi  this  argument,  that  although  tht  y 


■•♦> 


[  2.1  ] 

are  bounded  by  the  land  at  neither  end,  but  united  tn  the  other  Y*\t\-t 
or  the  fta  ;  yet  it  Is  enoufrh,  that  the  fjnatcr  part  of  thcui,  ihat  is,  their 
fidca,  arc  cuclofid.     Piift.  b.  4.  r,  5.  f.  3. 

"  When  a  nation  takca  poflcHion  oi  a  country  in  <)r<lcr  to  fctt'c 
there,  it  jwffefTes  every  thinjr  iuchidcd  in  it,  as  lands,  laktH,  rlvi-rs." 
&c.  Vattel,  b.  I.  c.  22.  (.  2ftC. 

To  this  lift  might  be  add«  d  r*n)ktrnu)ck  and  S(  !dm.  But  the  dif- 
fortation  of  the  former,  dc  dominio  maris,  cannot  be  quoted  with  ad- 
vantage  in  detachment;  and  the  autliority  of  tli^'  latter  on  J'is  he?d 
may,  in  the  judgment  of  fome,  pavtakc  U  >  much  of  a<rf  aion  for  the 
hyjjothcfis  of  mare  clauftnn.  As  vSelden,  hox- '  vt-'v,  links  in  iiirau-ncv^ 
on  \Im8  (jucUion,  fo  mull  Grotlus  rife,  who  conttiidcd  for  the  mnre 
libcrum ;  and  his  accurate  commentator,  RutherfortI»,  coiiHrma  ht« 
principles  iif  the  folhming  pafTage  :  ♦•  A  nation,  by  fcttlintT  upon 
any  trad  of  land,  which  at  the  time  of  fuch  fcttlemcr.t  had  no  otiur 
»)wner,  acquires,  in  refpeft  of  all  other  nations,  an  e-xclurive  ricjht  of 
fidl  or  amolute  property,  not  only  in  the  land,  but  in  the  waters  like- 
wife,  tiiat  are  included  within  the  land,  fuch  as  rivers,  pools,  creeks  or 
bays.  The  abfolute  property  of  a  nation,  in  what  it  has  thus  fcized 
upon,  is  its  right  of  territory."  2  Ruth.  b.  2.  c.  9.  f.  6. 

Congrefs  too  have  atttd  on  thcfe  ideas,  'when,  in  their  coUeftion 
of  laws,  they  afcribe  to  a  ftate  the  rivers  wholly  within  that  Hate. 

It  would  feem,  however,  that  the  fpotof  fcizure  is  attempted  to  bs 
withdrawn  from  the  protedion  of  thefe  refpeftable  authorities,  as  being 
in  the  Bay  of  Delaware,  inltead  of  the  River  Delaware. 

Who  can  ferioufly  doubt  the  identity  of  the  River  and  Bay  of  Dela- 
ware ?  How  often  are  different  portions  of  the  fame  rtream  denomi- 
nated differently  ?  This  is  fometimes  accidental ;  fometimcs  for  no 
other  purpofe  than  to  affift  the  intercourfe  between  man  and  man, 
by  eafy  diftin<Elion8  of  fpace.  Are  not  this  River  and  this  Bay  fed 
by  the  fame  fprings  from  the  land,  and  the  fame  tides  from  the  ocean  ? 
Are  not  both  doubly  flanked  by  the  territory  of  the  United  States  ? 
Have  any  local  laws  at  any  time  provided  variable  arrangements  for 
the  River  and  the  Bay  ?  Has  not  the  jurifdi«^ion  of  the  contiguous 
ftates  been  exercifed  equally  on  both  ? 

But  fuppofe  that  the  River  was  dried  up,  and  the  Bay  alone  re- 
mained, Grotius  continues  the  argument  of  the  7th  fc<^ion,  of  the  3d 
chapter,  of  the  2d  book  above  cited,  in  the  following  words  : 

"  By  this  iiiilance  it  feems  to  appear,  that  the  property  and  domi- 
nion of  the  fea  might  belong  to  him,  who  is  in  pofTeffion  of  the  lando 
on  both  fides,  though  It  be  open  above,  as  a  gulph,  or  above  and  below, 
as  a  ftreight ;  provided  it  is  not  fo  great  a  part  of  the  fea,  that,  when 
compared  with  the  lands  on  both  fides,  it  cannot  be  fuppofed  to  be 
fome  part  of  them.  And  now,  what  is  thus  lawful  to  one  king  cr 
people,  may  be  alfo  lawful  to  two  or  three,  if  they  have  a  mind  to  take* 
pofFeffion  of  a  fea,  thus  enclofed  within  their  lands ;  for  'tis  in  this 
manner,  that  a  river,  which  feparates  two  nation:^,  ha<i  firft  been  poFef- 
(ed  by  both,  and  then  divided,"  ^ 


# 


M: 


t 


.   [  H  ] 

•*  The  gulphs  and  channels,  or  arms  of  the  fea,  arc,  actordiug  to  the 
regular  courfe,  fuppofed  to  belong  to  the  people,  with  whofe  lands 
they  are  encompafred."    PufF.  b.  4,  c.  5.  f.  8. 

Valln,  in  b.  5.  tit.  i,  p.  685,  of  his  commentary  on  the  marine  or- 
donnanceof  France,  virtually  acknowledges,  thjApariicular  (eaa  \iay 
be  appropriated.  After  reviewing  the  conteft  between  Grotius  md 
Selden,  he  fays,  **  S'il  (Selden)  s'en  fut  done  tenu  la,  ou  plut6t,  s'il 
ciit  diltingu6  I'ocean  des  mers  particuliers,  et  meme  dans  I'oc  an, 
I'etendue  de  mer,  qui  doit  etrc  cenfee  appartenir  aux  fouverains  des 
c6tes,  qui  en  font  baignees,  fa  viftoire  eut  ete  complette.'* 

Thefe  remarks  may  be  enforced  by  afking,  what  nation  can  be  in- 
jured in  its  rights,  by  the  Delaware  being  appropriated  to  the  Urn  ted 
States  i  And  to  what  degree  may  not  the  United  States  be  injured,  on 
the  contrary  ground  ?  It  communicates  with  no  foreign  dominion  ;  no 
foreign  nation  has,  ever  before,  exadled  a  community  of  right  in  it ,  as 
if  it  were  a  main  fea  :  Under  the  former  and  prefent  governments,  the 
exclufive  jurifdi^ion  has  been  aflerted  ;  by  the  very  lirft  colll^dlion  law 
of  the  United  States,  paffed  in  1789,  the  county  of  Cape  May,  which 
includes  Cape  May  itfelf,  and  all  the  waters  thereof,  theretofore  within 
the  jurifdiftion  of  the  Hate  of  New-Jerfcy,  are  comprehended  in  the 
diitrid^  of  Bridgetown  ;  the  whole  of  the  ftate  of  Delaware,  reaching 
to  Cape  Henlopen,  is  made  one  diflrif): ;  nay,  unlefs  thefe  polltions 
can  be  maintained,  the  bay  of  Chefapeake,  which,  in  the  fame  law,  is 
fo  fully  affumed  to  be  within  the  United  States,  and  which,  for  the 
length  of  the  Virginia  territory,  is  fubjeA  to  the  procefs  of  fereral 
counties  to  any  extent,  will  become  a  rendezvous  to  all  the  world, 
without  any  poffible  control  from  the  United  States.  Nor  will  the 
f  vil  flop  here.  It  will  require  but  another  (hort  link  in  the  procefs  of 
reafoning,  to  difappropriate  the  mouths  of  fome  of  our  moft  import- 
ant riveis.  If,  as  Vattel  inclines  to  think  in  the  294th  feftion  of  his 
firft  book,  the  Romans  were  free  to  appropriate  the  Mediterranean, 
merely  becaufe  they  fecured,  by  one  fingle  ftroke,  the  immenfe  range 
of  thfir  coait ;  how  much  ftronger  mull  the  vindication  of  the  United 
Sates  be,  (hould  they  adopt  maxims  for  prohibiting  foreigners  from 
gaining,  without  permiffion,  accefs  into  the  heart  of  their  countr)'. 

This  inquiry  might  be  enlarged  by  a  minute  difcufilon  of  the  prac- 
tice of  foreign  nations  in  fuch  circumftances.  But  I  pafs  it  by  ;  be- 
caufe the  United  States,  in  the  commencement  of  their  career,  ought 
not  to  be  precipitate  in  declaring  their  approbation  of  any  ufagcs,  (the 
precife  fafts  concerning  which  we  may  not  thoroughly  uilderftand) 
until  thofe  ufages  ihall  have  grown  into  principles,  and  are  incorpo- 
rated into  the  law  of  nations ;  and  becaufe  no  ufage  has  ever  been  ac- 
ce{)tcd,  which  fhakes  the  foregoing  principles. 

The  concluficn  then  is,  that  the  Grange  has  been  feized  on  neutral 
ground.  If  this  be  admitted,  the  duty  arifing  from  the  illegal  dft,  i« 
rellitution. 

Edm:  RANDOLPH. 

May  14,1793 


•# 


f 


[  ^5  ] 

TRANSLATION. 

Philadelphia,  May  27th,  1793. 
The  2d  year  of  the  Republic  of  France. 
Chkcn  Genet,  Mlnifter  Plenipotentiary  of  the  Republic  of  France ^  to  Mr, 
Jefferfony  Secretary  of  State  of  the  United  States. 
Sir, 

MY  predccefTor  has  delivered  to  me  the  letter  which  you  wrote 
to  him  the  15th  of  this  month,  communicating  to  him  fundry 
mtinorials  of  the  Britifli  miniller,  and  the  decifions  which  the  Ameri- 
can government  has  taken  on  the  complaints  of  this  minilter. 

Thefirft  of  thefe  complaints  which  you  report  in  your  letter.  Sir, 
is  not  founded  in  fa<ft  ;  I  have  n6  knowledge  of  the  purchafe  of  the 
arms  in  queftion,  and  at  all  events  the  reply  you  have  made  to  Mr. 
Hammoud  would  convince  him  of  the  nullity  of  his  obfei-vations,  if 
they  had  been  diftated  by  good  faith  ;  but  it  is  probable  that  this  ftcp 
has  no  other  objeft  but  to  prepare,  diplomatically,  pretexts  to  the 
Englifh  (Kips  of  war  to  fubjeft  American  veflcls  even  under  the  (ha- 
dow  of  their  modeft  neutrality,  to  arbitrary  vifits  and  detentions. 

The  fecond  complaint  of  the  envoy  of  George  III.  Sir,  is  founded 
on  the  fale  of  the  prizes  fent  into  the  port  of  Charlelton,  by  the  Em- 
bufcade  frigate,  belonging  to  the  Republic  of  France. 

I  (hall  call  tr^  my  aid  only  faiSs  and  very  plain  reafoning  in  replying 
to  Mr.  Hammond's  reprefentations  on  this  point. 

The  treaty  of  commerce  of  1778,  authorifes  exclufivcly  all  the  vcf-, 
fels  of  war,  French  of  American,  armed  by  the  two  Hates  or  by  i|idi- 
viduals,  to  condu6l  freely,  wherever  they  pleafe  the  prizes  they  fliall 
have  made  of  their  enemies,  without  being  fubjefled  cither  to  admi- 
ralty or  any  other  duties,  without  alfo  the  faid  veffels  or  the  faid  prizes, 
entering  the  ports  of  France  or  of  America,  being  ftoi)ped  or  feized, 
or  the  ofBcers  of  the  places  being  permitted  to  take  cognizance  of  the 
validity  of  the  faid  prizes. 

This  privilege  is  interdifted  to  the  enemies  of  either  of  the  two  na- 
tions which  fhall  be  at  war,  the  two  contracting  parties  having  ex- 
prefsly  engaged  not  to  permit  any  foreign  privateer,  having  a  coin- 
mifllon  from  a  prince  or  power  at  war  with  one  of  the  t\\  o  nations,  to 
arm  their  veffels  in  the  ports  of  one  of  the  two  parties,  or  to  felLthere 
the  prizes  they  fliall  have  taken,  or  in  any  other  niaiuicr  to  difcT.arge 
the  veffels,  mtrchaiidifes,  or  any  part  of  tlieir  ctirgot  s.  Tlu  fe  privileges 
which  the   two  nations  have  refervcd  to  tliemfelvcs  excluiivtiy,  thefe 
fevere  and  clearly  defined  reftriftlons  aguinll  their  cotr.mon  enetnie'^, 
evidently  prove  that  in  virtue  of  the  treaties   which  I  have  cited,  we 
alone  have  at  prefent  the  right  of  bringing  our  prizes  iiito  the  Ame- 
rican ports,  and  of  there  doing  witli  them  as  we  pltafc,  as  pvoptrty  on 
the  validity  of  which  the  civil    or  judiciary  officers   of  the   United 
Stat.^i  have  nothing  to  do,  as  long  as  the  laws  of  ihe  United  States  are 
not  infringed.     It  is  in  order  to  acquire  informati()n  on  this  important 
fubjeft  that  the  publicity  of  the  fale  of  prizes  authorifed  by  the  confiilar 
officers  of  the  Republic,  is  iieccflarv  ;  and  if  in  the  fulfihuent  of  this 

I) 


tl 


m. 


[  i6  ] 


* 


tluty  prcfcrlbcd  by  fneiidfliip,  and  our  refpedl  for  the  law  of  nations, 
the  Conful  of  the  French  Republic  at  Charlefton  has  made  ufe  of 
feme  formality  or  expreflion,  from  which  it  might  be  inferred  that  he 
arrogated  to  Iiimfelf  jurifdidtion  unceded  by  the  treaties  and  laws  of 
the  United  States  ;  I  (hall  take  care,  Sir,  that  this  error  be  avoided 
for  the  future,  and  that  all  proceedings  relative  to  the  fale  of  our 
j»rizes,  conformably  to  the  fpirit  of  the  treaty,  bear  the  (lamp  of  a  par- 
ticular natit-Mial  tranfa(Sion,  and  of  the  plain  and  real  alienation  of  a  pro- 
jjerty  acquired  by  the  laws  of  war,  acknowledged  to  be  legal  by  the 
officers  of  the  French  nation. 

Tlie  third  complaint  made  to  your  government,  fir,  by  the  Englifh 
minlller,  Is  relative  to  the  armaments  which  have  taken  place  at  Charlef- 
ton, under  the  flag  of  the  French  Republic.  The  American  govern- 
irent,  fir,  has  given  a  new  proof  of  its  wifdom,  and  of  its  confidence 
in  our  feneimentK,  not  hlindiv  to  admit  the  alTertions  of  Mr.  Ham- 
mond.  In  reply  to  this  I  fliall  ftill  confine  myfelf  to  fafts.  It  is 
certain  that  fevci*al  veflels  have  been  armed  at  Charlefton  v,  that  they 
have  received  from  me  commiflions  of  the  Republic,  agreeable  to  the 
forms  I  have  had  the  honour  to  communicate  to  vou :  and  that  thefc 
veflels,  difpatched  to  fea  with  great  celerity,  have  made  many  prizes, 
have  condemned  to  inaftlon,  by  the  terror  which  they  have  fpread 
among  the  Engiifii,  almoll  all  the  failors  and  veflels  of  that  nation, 
which  were  in  the  ports  of  the  United  States,  and  by  their  fuccefs 
have  veiy  fenfibly  raifcd  the  freight  of  American  veflels  ;  I  grant  that 
this  mull  be  difpleafing  to  Mr.  Hammond,  to  his  court,  and  to  hit 
friends  :  but  that  is  not  tlie  mt'.tter  in  queftion. 

I 'Ought,  by  a  fincere  expofition  of  my  conduft,  to  put  you  in  a  ca- 
pacity to  judge  whether  I  have  encroached  on  the  fovereignty  of  the 
American  nation,  its  laws,  and  its  princi})les  of  government. 

The  veflels  armed  at  Charlefton  belong  to  French  houfes  ;  they  are 
commanded  and  manned  by  French  citizens,  or  by  Americans,  who, 
at  the  moment  they  entered  the  fervice  of  France,  in  order  to  de- 
fend their  brothers  and  their  friends,  knew  only  the  treaties  and  th* 
laws  of  th.e  United  StatCvS,  no  article  of  which  impofes  on  them  the 
painful  injuntlion  of  abandoning  us  in  the  midft  of  the  dangers  which 
furround  U3. 

It  jb  then  evident.  Sir,  that  thefe  armaments  cannot  be  matter  of 
ofience  in  the  citizens  cf  the  United  States ;  and  thofe  who  are  on 
board  of  our  veflels  have  renounced  the  immediate  proteilion  of  their 
countiy,  on  taking  part  with  us. 

It  is  iK'cefiaiy,  however,  to  e:;amine  whether  the  French  houfes  of 
Charlefton  might  arm  the  veflels  which  belonged  to  them.  I  fubm.itted 
this  queftion  to  the  Governor  of  South-Carolina,  before  the  delivery  of 
the  letters  of  marque  to  our  privateera.  I  reminded  him  that  liberty 
confilled  In  doing  what  the  laws  did  not  prohibit  ;  that  I  believed  no  law 
exifted  which  could  deprive  the  French  citizens  in  the  ports  of  the 
United  States,  of  the  privilege  of  putting  their  veflels  in  a  ftate  of 
defence,  ef  taking  In  time  of  war  new  comraifiions,  and  of  ferving 


[  27  ] 

their  counta-y  by  caufing  them  to  cruife  out  of  the  United  State*,  on 
the  veffels  of  their  enemy. — Nor  indeed  were  there  any  which  gave  to 
the  government  the  right  of  fubmitting  the  particular  operations  of 
merchants  to  a  ftate  inquifition  ;  and  that  it  appeared  to  me  that  it 
could  neither  authorife  nor  hinder  the  faid  armaments.  His  opinion 
appeared  to  correfpond  with^mine,  and  our  veH'els  put  to  fea  in  fpitc 
of  all  the  intrigues  which  the  partizans  of  England  put  into  a6lion  to 
oppofe  it. 

This  is  the  truth,  Sir ;  this  is  the  condudl,  I  dare  to  call  it  refpedt- 
fu',  which  I  have  followed ;  and  1  know  too  well  the  equitable  fen- 
timcnts  of  the  federal  government  not  to  deliver  myfelf  to  the  pleafing 
hope  of  feeing  it  return  from  the  firft  impreflions  which  the  reports  of 
the  Minifter  of  England  appear  to  have  made  on  it. 

The  laft  point  which  remains  to  be  fpoken  of,  Sir,  is  relative  to 
the  capture  of  the  Englifli  (hip  Grange,  by  the  Embufcade,  frigate. 

The  learned  conclufions  of  the  Attorney-General  of  the  United 
States,  and  the  deliberations  of  the  American  government,  have  bcea 
on  this  fubjeft  the  rule  of  my  condudl.  I  have  caufed  the  prize  to 
be  given  up  ;  and  although  of  confiderable  value,  my  brave  brethren, 
the  feamen  of  the  Embufcade,  have  readily  concurred  in  a  meafure, 
which  I  reprefented  to  them,  as  a  proper  mean  to  convince  the  Ame- 
rican government,  of  our  deference  and  of  our  friendfliip. 

The  French  republicans.  Sir,  know  the  duties  which  nations  owe 
to  one  another  :  enlightened  on  the  rights  of  man,  they  have  juft 
ideas  of  the  general  laws  of  fociety  comprized  under  the  cdlhmoi'^  de- 
nomination of  the  law  of  nations.,  (droit  des  gens)  informed  with  re^eft- 
to  the  interefts  of  their  country,  they  know  hqjv  to  diftingiipR  its 
enemies  and  its  friends  ;  and  you  may  affiire  the  American  government, 
that  colledlively  and  individually,  they  will  feize  every  occafion  of 
fhowing  to  the  fovereign  people  of  the  United  States  their  refpeit 
for  their  laws,  and  their  iincere  defire  to  maintain  with  them  the 
moft  perfedl  harmony, 

GENET. 


Philadelphia,  5th  ^ttn/-,  179'^. 
^1^'  J^Ji^ifofh  Secretary  of  Siate^  to  Mr.  Gtm-ty  ATai'tflcr  Pkn'i potent lary 

of  France. 
Sir, 

IN  my  letter  of  May  15th,  to  M.  de  Ternant,  your  predccefTor, 
after  flating  the  anfwcrs  which  had  been  given  to  the  feveral  me- 
morials of  the  Briti(h  minifter,  of  May  8th,  it  was  obferved  that  a  part 
remained  ftill  unanfwered,  ;of  that  which  refpe^ed  the  ftting  out 
armed  veffels  in  Charlefton,  to  cruife  againll  nations  with  whom  we 
were  at  peace. 

In  a  converfation  which  I  had  afterwards  the  honour  of  holding 
with  you,  I  obfei-ved  that  one  of  thofe  armed  veffels,  t!ie  Citovon  Gvj- 
net,  had  come  into  this  port  with  a  prize  :  th:'.t  the  Prcfidcnt  had 
thereupon  taken  the  cafe  into  farther  eonfideration  ;  and  ::fttr  mature 


;,M.« 


[  28  ] 


cot.fultation  and  deliueratlon,  was  of  opinion,  that  the  arming  and 
equipping  vcflels  in  the  ports  of  the  United  States,  to  cruife  againft 
nations  with  whom  fliey  are  at  peace,  was  incompatible  with  the  ter- 
ritorial fovereignty  of  the  United  States  ;  that  it  made  them  inftru- 
mental  to  the  annoyance  of  thofe  nations,  and  thereby  tended  to  com- 
promit  their  peace ;  and  that  he  thought  it  neceflary,  as  an  evidence  of 
good  faith  to  them,  as  well  as  a  proper  reparation  to  the  fovereignty 
of  the  country,  that  the  armed  veflels  of  this  defcription,  ftiould  de- 
part from  the  ports  of  the  United  States. 

The  letter  of  the  2  yth  inllant,  with  which  you  have  honoured  me, 
has  been  laid  before  the  prefident,  and  that  part  of  it,  which  contains 
your  obfervations  on  this  fubjeCl,  has  been  particularly  attended  to. 
The  refpedl  due  to  whatever  comes  from  you,  friendlhJp  for  the  French 
nation,  and  jullicc  to  all,  have  induced  him  to  re-examine  the  fubjeft, 
and  particularly  to  give  to  your  reprcfentations  thereon,  the  confidera- 
tion  they  dtfcrvedly  claim.  After  fully  weighing  again,  however,  all 
the  principles  and  circumftances  of  the  ciife,  the  rcfult  appears  ftill 
to  be,  that  it  is  the  right  of  every  nation  to  prohibit  afts  of  fove- 
reignty from  being  exercifed  by  any  other  within  its  limits  ;  and  the 
duty  of  a  neutral  nation  to  prohibit  fuch  as  would  injure  one  of  the 
warring  powers ;  that  the  granting  military  commiiiions,  within  the 
United  States  by  any  other  authority  than  their  own,  is  an  infringe- 
ment on  their  fovereignty,  and  particularly  fo,  when  granted  to  their 
own  citizens,  to  lead  them  to  commit  aAs  contrary  to  the  duties  they 
owe^  their  own  country  :  that  the  departure  of  veflels,  thus  illegally 
equipped,  from  the  ports  of  the  United  States,  will  be  but  an  acknow- 
Icd^ent  of  refpe(ft,  analogous  to  the  breach  of  it,  while  it  is  neceflary 
on  tireir  part  as  ar*  evidence  of  their  faithful  neutrality.  On  thefe 
confidenitions,  lir,  the  Prefident  thinks  that  the  United  States  owe  it 
to  thcmfelves,  and  to  the  nations  in  their  friendfhip,  to  expedl  this  aft 
of  leparation  on  the  part  of  veflels,  marked  in  their  veiy  equipment 
with  offence  to  the  laws  of  the  land,  of  which  the  law  of  nations 
makes  an  intc_Q;ral  part. 

Tlie  expreflions  of  every  friendly  fentiment,  which  we  have  already 
had  the  fatisfiitlion  of  receiving  from  you,  leave  no  room  to  doubt 
that  the  conclufion  (»f  the  Prefident,  being  thus  made  known  to  you, 
thefe  yelTcls  will  be  permitted  to  give  no  further  umbrage,  by  their 
prefencc  in  the  ports  of  the  United  States. 
I  have  the  honour  to  be, 

\V:'th  fentiments  of  perfeft  efl:eem  and  refpedl, 
Sir, 
Your  moll  obedient,  and 
moil  humble  fervant, 

Th:  JEFFERSON. 


0^1 


rranted  to  their 


[    29   ] 

TRANSLATION. 

Philadelphia,  8  ."/w"'*  I793« 
2d  year  of  the  French  Republic. 
The  MiaUIer  *of  the  RepubTtc  of  France  to  the  Secretary  of  State  of  the 

United  States. 

Sir, 

I  HAVE  feen  with  pain,  by  your  letter  of  the  5th  of  this  month, 
that  the  Prefident  of  the  United  States  perfifts  in  thinking  that 
a  nation  at  war  had  not  the  right  of  giving  commiffions  of  war  to 
thofe  of  its  veflels  which  may  be  in  the  ports  of  a  neutral  nation  ;  this 
being,  in  his  opinion,  an  aft  of  fovereignty. 

I  confefs  to  you.  Sir,  that  this  opinion  appears  to  me  contrary  to 
the  principles  of  natural  right ;  to  the  ufages  of  nations  ;  to  the  con- 
nexions which  unite  us  ;  and  even  to  the  Prefident's  proclamation. 

The  right  of  arming.  Sir,  for  the  purpofe  of  its  defence,  and  re- 
pelling unjull  aggreflions,  in  my  opinion,  may  be  exercifed  ly  a  na- 
tion at  war,  in  a  neutral  ilate  ;  unlefs  by  treaty,  or  particular  laws  of 
this  ftate,  that  right  be  confined  to  a  fingle  nation,  friend  or  ally,  and 
exprefsly  intcrdifted  to  others.  This  is  exadlly  the  cafe  in  which  we 
arc.  The  United  States,  friends  of  the"  French,  their  allies  and  gua- 
rantees of  their  poffenions  in  America,  have  permitted  them  to  enter 
armed,  and  remain  in  their  ports,  to  bring  there  their  prizes,  to  repair 
in  thein,  to  equip  in  them,  whilft  they  have  exprefsly  refufcd  this  pri- 
vilege to  their  enemies.  The  intention  of  the  United  States  has  been 
to  facilitate  to  us  the  means  of  protefting,  efEcacioufly,  our  commerce, 
and  of  defending  our  poffeffions  in  America,  fo  ufeful  to  our  mutual 
profperity  ;  and  as  long  as  the  ftatcs,  aflembled  in  Congrefs,  fhall  not 
have  determined  that  this  folemn  engagement  fhould  not  be  performed, 
no  one  has  a  right  to  (hackle  our  operations,  and  to  annul  their  effcft, 
by  hindering  thofe  of  our  marines,  who  may  be  in  the  American 
ports,  to  take  advantage  of  the  cornmilfions  which  the  French  govern- 
ment has  charged  me  to  give  them,  authoriling  thera  to  defend  them- 
felves,  and  fulfil,  if  they  find  an  opportunity,  all  the  duties  of  citizens 
againll  the  enemies  of  the  ftate.  Befides,  Sir,  at  all  times,  like  com- 
miffions, during  a  war,  have  been  delivered  to  our  veflcl:..  The  oflTiccvs 
of  the  marine  tranfmit  them  to  them,  in  France,  and  tin-  confuls  in  fo- 
reign countries  ;  and  it  is  in  virtue  of  this  ufage,  which  no  power  hns 
ever  thought  of  regarding  as  an  a6l  of  fovereignty,  that  the  executive 
council  has  fent  here  fuch  commiffions. 

However,  Sir,  always  animated  with  the  defire  of  maintaining  the 
good  harmony  which  fo  happily  fubfifts  between  our  two  countries, 
I  have  inftrufted  the  confuls  not  to  grant  letters^  but  to  the  captains, 
who  fhall  obligate  themfelves,  under  oath  and  fecurity,  to  refpeft  the 
territory  of  the  United  States,  and  the  political  opinions  of  their  Pre* 
fident,  until  the  reprefentatives  of  their  fovereign  fhall  have  confirmed 
or  rejefted  them.  This  is  all  the  American  government  can  expert 
from  our  deference  ;  eveiy  thing  that  pafTes  cut  of  the  v.aters  of  the 
United  States,  not  coming  within  their  cognizance. 


t    JO    ] 

It  refults  from  this  note.  Sir,  that  the  commiinons  tranfinitted  In  vir. 
tue  of  the  orders  of  the  executive  council  of  the  Republic  of  France,  to 
the  French  vefleis  In  the  ports  of  the  Unltsd  States,  are  merely  an  au- 
thority to  arm  thcmfelves,  founded  upon  the  natural  right  andconllant 
ufage  of  France  ;  that  thefe  commlflions  have  been  expedited  at  all  times, 
ill  the  like  circumftances  ;  that  their  dlllrlbution  cannot  be  confidered 
but  as  an  a6l  of  confular  admInIflratIon,and  not  of  foverelgnty  ;  and  that 
every  obftruftlon  by  the  government  of  the  United  States,  to  the 
arming  of  French  vefFels,  muft  be  an  attempt  on  the  rights  of  man, 
upon  which  repofe  the  Independence  and  laws  of  the  United  States ; 
a  violation  of  the  ties  which  unite  the  people  of  France  and  of  Ame- 
rica ;  and  even  a  manifcll  contradiftion  of  the  fyftem  of  neutrality  of 
the  Prefident :  for,  In  faft,  If  our  merchant  vefleis,  or  others,  are  not 
allowed  to  arm  thcmfelves,  when  the  French  alone  are  refilling  the 
league  of  all  the  tyrants  againft  the  liberty  of  the  people,  they  will  be 
cxpofcd  to  inevitable  niin  in  going  out  of  the  ports  of  the  United 
States,  which  is  certainly  not  the  intention  of  the  people  of  America. 
Their  fraternal  voice  has  refounded  from  every  quarter  around  me,  and 
their  accents  are  not  equivocal — they  are  pure  as  the  hearts  of  thofe 
by  whom  they  are  exprefled,  and  the  more  they  have  touched  my  fen- 
fibility,  the  more  they  mull  Interell  In  the  happinefsof  America,  the 
nation  I  reprefent  ; — the  more  I  wifli.  Sir,  that  the  federal  govern- 
ment fliould  obferve,  as  far  as  In  their  power,  the  public  engagements 
contrafted  by  both  nations  ;  and  that  by  this  generous  and  prudent 
condudl,  they  v/ill  give  at  lead  to  the  world,  the  example  of  a  true 
neutrality,  which  docs  not  conlUt  in  the  cowardly  abandonment  of 
their  friends  In  the  moment  when  danger  menaces  them,  but  in  ad- 
hering ftriftly,  If  they  can  do  no  better,  to  the  obligations  they  have 
contradled  with  them.  It  is  by  fuch  proceedings,  that  they  will  ren- 
der themfelves  refpedlable  to  all  the  powers  ;  that  they  will  prefervc 
their  friends,  and  deferve  to  augment  their  number. 

GENET. 


TRANSLATION. 

Philadelphia,   ii\  yune,   1793. 
2d  year  of  the  Republic  of  France. 
Tie  Citizen  Genet y   Minifler  plenipotentiary  of  the  Republic  of  Franae, 
ivith  the  United  Statesyto  Mr.  Jefferjon^fecretary  ofjlate  of  the  United 
States. 
Sir, 

I  HAVE  this  moment  been  informed,  that  two  officers  In  the  fer- 
vice  of  the  Republic  of  France,  Citizen  Gideon  Henfield  and 
John  SIngletarv,  have  been  aiTefted  on  board  the  privateer  of  the 
French  Republic,  the  Citizen  Genet,  and  condufted  to  prifon.  The 
crime  laid  to  their  charge — the  crime  which  my  mind  cannot  toii- 
ccive,  and  which  my  pen  almoll  refufes  to  ftate,  Is  the  ferving  of 
France,  and  defending  with  her  children  the  conunoy  glorious  caufe 
cf  libcrtv. 


IGENET. 


[:!!  ] 

Being  ignorant  of  any  pofitive  law,  or  treaty,  whicii  deprives  A- 
mcricans  of  this  privilege,  and  authorifes  officers  of  police  arbitrarily 
to  take  mariners,  in  the  ferrice  of  France,  from  on  board  their  vcf- 
fels,  I  call  upon  your  intervention,  fir,  and  tliat  of  the  Prtfidcnt  of 
the  United  States,  in  order  to  obtain  the  immediate  releafemcnt  of 
the  above-mentioned  officers,  who  have  acquired  by  the  fentiments 
animating  them,  and  by  the  ad  of  their  engagement,  anterior  to 
every  a6l  to  the  contrary,  the  right  of  French  citizens,  if  they  have 
loft  that  of  American  citizens.  I  renew  at  the  fame  time,  fir,  the 
requifition  which  I  made  in  favour  of  another  French  officer,  detained 
for  the  fame  caufe,  and  for  the  fame  objcA. 

GENET. 


Philadetphia,.  ^M/7/r  ift,   1793. 
Mr,  jfeffirfonf  Secretary  ofjlatey  to  Mr.  Gcnel^  MinjJIer phnipoteni'iary 

of  France. 
Sir, 

I  HAVE  to  acknowledge  the  receipt  of  your  note  of  the  27th  of 
May  on  the  fubjeft  of  Gideon  Henfield,  a  citizisn  of  the  United 
States,  engaged  on  Ix)ard  an  aimed  vefiel  in  the  fenice  of  France. 
It  has  been  laid  before  the  Prefident,  and  referred  to  the  Attorney- 
General  of  the  United  States,  for  his  opinion  on  the  matter  of  law, 
and  I  have  now  the  honour  of  enclofing  you  a  copy  of  that  opinion. 
Mr.  Henfield  appears  to  be  in  the  cuftody  of  the  civil  magiftrate, 
over  whofe  proceedings  the  executive  has  no  controul.  The  a£l  with 
which  he  is  charged,  will  be  examined  by  a  jury  of  his  countr;men, 
in  the  prefence  of  judges  of  learning  and  integrity  ;  and  if  it  is  not 
contrary  to  the  laws  of  the  land,  no  doubt  need  be  entertained  that 
his  cafe  will  ilTue  accordingly.  The  forms  of  the  law  involve  certain 
neceffary  delays,  of  which  however  he  will  afluredly  experience  none 
but  what  are  neceflary. 

I  have  the  honor  to  be. 

With  fentiments  of  perfe£l  eftecm  and  refpcft, 
Sir, 
Your  moft  obedient,  and 
moft  humble  fervant, 

Th:  JEFFERSON. 
P.  S.  ^fter  <wrUmg  the  alcove,  I  f-Mas  honored  with  your  note  on  th: 
fubjell  of  Singktaryy  on  luh'tch  it  is  in  my  power  to  fay  nothing  morg  than 
en  that  of  Henfield, 


The  Attorney  General  of  the  United  States  has  the  honor  of  fulmitting  tst 
the  Secretary  of  flat Cy  the  follonuing  opinion  on  the  cafe  of  Gideon  Hen» 
fieldy  as  reprefented  by  the  Minifler  of  France. 

ift.  TT  may  well  be  doubted  how  far  the  Minifter  of  France  has  a 
X.   right  to  interfere.     HenfielU  is  a  citizen  of  the  United  States, 

f  id  it  is  unufual,  at  lealt,  that  a  foreign  power  ffiould  interfere  in  a 

«iueflion  whether,  as  a  citizen,  a  man  has  bvicn  guilty  of  a  erime  ?  Nor 


call  nn  atitliovity  be  derived  from  HenficlJ  being  iiiiilrr  fht-  protection 
of  flic  Frcncli  Republic  ;btcaufe  being  flill  a  citizen,  he  is  amenable  to 
ihclawfl,  wlilcli  ope  rat'.;  on  citizens,  and  tlie  very  ad,  by  which  he 
Is  faul  tohijvebccn  taken  Murler  fuch  protcdlion,  is  a  violation  of  the 
fovereljrnty  of  th»  United  States.  If  he  be  innocent,  he  will  be  fafe 
in  the  hands  of  his  countrymen  :  If  gnilty,  the  rcfpedl  due  by  one 
nation  to  tiic  decrees  of  another,  dtnumda  that  they  be  acciulcfced  in. 

2d.  But  Henfic'ld  Is  punilhable,  becuufe  treaties  are  the  fupi'eme 
law  of  the  land  ;  and  by  treaties  with  three  of  the  powers  at  war 
with  France,  it  is  llipulatcd,  that  there  fliall  be  a  peace  between  their 
fubjedls  and  the  citizens  of  the  United  States. 

3d.  He  is  Indidlable  at  the  common  law,  becaufe  his  conduA  comes 
within  the  defcrlption  qf  dlllurbing  the  peace  of  the  United  States. 

May  so,  1793.  Edm:   RANDOLPH. 


TRANSLATION. 

Philadelphia,  14th  y«ff^,  1793. 
2d  year  of  the  Republic. 
The  Citizen  Genet,  M'mijler  of  the  Republic  of  France,  to  Mr.  jfefferfont 
fecretary  ofjldte  of  the  United  States. 
Sir, 

YOU  will  fee  by  the  papers  hereto  annexed,  that  In  contempt  of 
the  treaties  which  unite  the  French  and  Americans ;  that  in 
contempt  of  the  law  of  nations,  civil  and  judiciary  officers  of  the 
United  States,  have  permitted  themfelves  to  ttop  at  Philadelphia  the 
fale  of  veffels  taken  by  an  armed  French  Galliot,  and  at  New- York, 
have  oppofed  the  failing  of  a  French  veffcl,  commiffioned  by  the  exe- 
cutive council  of  the  Republic  of  France.  I  requeft  you,  fir,  to  in- 
form the  Prefident  of  the  United  States,  of  thefe  fads  ;  to  let  him 
know  tVat  they  have  ufed  his  name  in  committing  thofe  infaftlons  of 
the  laws  and  treaties  of  the  United  States  ;  and  engage  him  to  deve- 
lope  In  the  prefent  circumftances,  all  the  authority  which  the  people 
of  the  United  States  have  confided  to  him,  to  inforce  the  execution 
of  the  laws  and  treaties. 

Not  doubting,  fir,  the  purity  of  the  Prefident's  fentlments,  I 
hope  to  obtain  immediately  from  the  aid  of  his  good  offices  and  ener- 
gy, reltltutlon,  with  damages  and  intereft,  of  the  French  prizes  ar- 
relled  and  felzed  at  Philadelphia,  by  an  Incompetent  judge,  under  an 
order  which  I  ought  to  believe  not  genuine  ;  and  the  like  reilitutlon, 
with  damages  and  Interelt,  of  the  veflels  Hopped  and  felzed  at  New- 
York. 

It  Is  through  the  Intervention  of  the  public  minlfters,  that  affairs, 
«f  the  nature  which  produce  my  prefent  complaints  and  reclamations, 
ought  to  be  treated.  As  the  i»prefentatlve  of  a  people,  generous 
iind  confident  In  their  friends,  I  have  already  given  proofs  of  the  fen  • 
tinicuts  with  wliich  they  arc  animated,  in  caufing  to  be   rcftored, 


[33] 

• 

without  examinatioB,  an  the  requifition  of  tlie  federal  government, 
the  Englifti  fhip  Grange,  taken  by  a  veffel  of  the  Republic.  I  fhall 
in  all  my  condu6i  (how  an  equal  deference  :  but  at  the  fame  time,  fir, 

I  fhould  expeA  from  your  government  all  the  fupport  which  I  at  pre- 
fent  ftand  in  need  of,  to  defend,  in  the  bofom  of  the  United  States, 
the  interefts,  the  rights,  and  the  dignity  of  the  French  nation,  which 
perfons  on  whom  time  will  do  us  juftice,  arc  labouring  fecretly  to 
mifrcprefent.  GENET. 

TRANSLATION. 

THIS  day,  the  7th  June,  1793,  in  the  2d  year  of  the  Republic  of 
France,  before  us  Francis  Dupont,  conful  of  the  faid  Republic, 
at  Philadelphia,  appeared  the  citizen  Pierre  Barriere,  agent  ad  hoc  of 
the  (hip  JVilliamt  a.nd  of  the  brigantine  Aftive,  taken  by  the  galliot  the 
Citizen  Genet,  captain  Johanen,  who  has  declared,  that  this  day,  at 

I I  o'clock,  A.  M.  being  occupied  in  the  falf  of  the  cargo  of  the  (hip 
IVi/Iiam,  a  deputy  marflial  of  the  court  of  admiralty  of  the  United 
States  for  the  diftrifi  of  Pennfylvania,  prefented  himfelf  to  him,  where 
he  was  making  the  faid  fales,  on  Warder^ s  wharf,  pretending  that  the 
faid  (hip  WiHlamy  and  he»-  cargo,  were  feized  by  the  faid  court  of  ad , 
miralty,  wiflung,  in  co.ifequence,  to  Hop  the  fale,  which  was  never- 
thelcfs  continued,  the  appearer  having  conceived  that  the  admiralty 
could  not,  in  any  mauner  whatever,  meddle  in  this  bufmefs,  agreeably 
to  the  1 7th  article  of  the  treaty  of  commerce  between  France  and  the 
United  States.  Notwith (landing,  to  the  grent  prejudice  of  the  in- 
tererted  in  the  fales,  the  faid  deputy  mar(hal  of  the  admiralty  difcou- 
raged  the  bidders,  and  even  fufpended  their  bidding,  leading  them  to 
believe  that  the  fale  of  the  faid  ve(rcls  was  not  valid ;  whence  it  re- 
fulted  that  they  fold  below  their  value.  However,  the  fale  9f  the 
cargo  being  made,  the  faid  agent  proceeded  to  that  of  the  brljrantine  ; 
but  as  foon  as  he  commenced,  the  faid  deputy  mar(hal  again  forbid 
the  continuance,  which  lead  feveral  perfons  prefent  into  an  eiTor,  fup- 
pofing  that  the  feizure  extended  to  tine  brig  Aclivet  as  well  as  the  (liip 
Wtll'iam  ;  whence  It  refulted,  that,  the  faid  brigantine  did  not  fell  foi- 
more  than  a  third  of  her  real  value,  having  been  clllmatcd  worth 
/,\6oo.  The  appearer,  having  afterwards  proceeded  to  the  fale  of 
the  (lilp  Williamj  the  faid  deputy  marfhal  again,  in  the  name  of  the 
aforefaid  court  of  admiralty,  forbid  it ;  whence  has  alfo  refulted  a 
confiderable  lofs  to  the  interefted  in  the  faid  pri/e,  which  was  ftruck 
o(r  at  only  _;^.50O,  which  does  not  amount  to  one  fourth  of  her 
value. — In  confequence  of  which,  the  faid  appearer  protefts  for  all 
damages  and  interefts  accrued,  and  to  accrue,  againft  the  faid  court  of 
admiralty— thofe  who  have  (,tt  on  foot  this  profecution — and  gene- 
rally againd  all  thofe  whom  It  may  concern,  being  therein  fully  jufti- 
ficd  by  the  tenor  of  the  treaties  : — Of  all  which  the  faid  appearer  halt 
requefted  of  us  an  a£l,  and  has  ilgncd  with  us,  the  day  and  the  year 
above  vnitten.  Frois.  DUPONT. 

Pierre  Barriere. 

E 


[34] 

Ci)mpareil  by  u«,  Chancellor  of  the  Confulate  of  the  Republic  of 
France,  with  tiic  original  dcpofitcd  in  the  Chancery,  of  the  8  June, 


?(;3,  2d  year  of  the  Frcr.ch  Republic. 


J.  Bre.  LEMAIRE. 


We,  Conful  of  the  Republic  of  France,  at  Philadelphia,  certify 
and  atteft,  to  whom  it  may  concern,  that  citi/en  J.  Bre.  Lcmaire, 
who  has  figned  the  above  extracl,  is  our  Chancellor,  to  whofe  ilgna- 
ture  faith  fhould  be  given,  as  well  in  as  out  of  judgment. 

In  teftimony  whereof,  we  have  figned  the  prefent,  and  have  caufed 
§'^'^§  t«  he  affixed  thereto  the  fealof  the  Coufulate  at  Philadelphia, 
ji^.'g^J  the  8  June,  1793*  2d  year  of  the  Republic  of  France. 

Frois.  DUPONT. 


S  I  R, 


New-York,  9th  J^une,  1 793. 
2d  year  of  the  French  Republic. 


IHAVE  jufl  been  informed,  thatlaft  night  a  French  veflel,  armed 
for  war,  and  ready  to  hoift  fail,  has  been  arrefted  by  authority, 
and  that  even  the  captain  has  not  been  permitted  to  go  on  board. 
This  llrange  ufe  of  public  force,  againft  the  citizens  of  a  friendly 
nation,  who  aflemble  here  to  go  and  defend  their  brethren,  is  a  fignal 
violation  of  the  laws  of  neutrality,  which  I  cannot  impute  but  to  a 
niifconeeption,  which  your  attentioji,  and  your  equity,  will  not  fail  to 
rectify,  as  foon  as  you  Ihall  be  informed  of  it.  . 

I  require,  fir,  the  authority  with  which  you  are  clothed,  to  caufe  to 
be  rendered  to  Frenchmen,  and  allies,  and  I  muft  add  to  freemen,  of 
whatever  nation  they  may  be,  the  liberty  of  flying  to  the  fuccour  of 
their  country.  It  is  not  in  a  country  where  Frenchmen  have  fpilt 
their  bhiod,  in  the  caufe  of  humanity,  that  they  ought  to  find  in  the 
laws  obllacles  to  their  following  yet  again  the  moil  plealing  tf  their 
propcnfities,  and  to  fulfil  the  moil  facred  of  their  duties. 

HAUTERIVE. 
CGnfuI  of  the  French  Repuhlicy  Neiu-Tork, 
To  the  Governor  of  ihejlate  of  Ne'w-l'orl. 

Confulate  of 

New- York.  ^ 

WE  Alexander  Hauterive,  conful  of  the  Republic  of  France, 
to  the  United  States,  at  New-York,  certify,  that  in  confe- 
nuence  of  a  rcquifition  made  by  us  to  the  mayor  of  New-York,  and 
to  the  Governor  of  the  ilate  of  the  fame  name,  dated  9th  June  cur- 
rent, to  obtain  a  replevy  of  the  detention  made  by  authority  in  this 
port,  of  a  French  veiTel  called  the  Republican,  belonging  to  Louis 
Alexis  Hochquet  Caritat,  and  commanded  by  the  Citizen  Orfet ;  the 
(yovcnior  of  the  faid  ilate  replied  to  us  by  a  letter  under  his  fignature, 
that  it  was  In  conformity  to  the  iiijunftlon  of  the  Prefident  of  the 
United  States,  that  he  had  ordered  a  detachment  of  militia  of  thi« 


iMAIRE. 


[35   ] 

State  to  detain  the  faid  vcflcl,  until  the  Preficlent  of  the  United  Statet 
fhould  be  informed  of  the  circumitances  of  the  (nih.    Upon  which  wc 
have  deUvered  to  him  an  adl  certified  and  figntd  by  U8. 
Done  at  New- York,  the  loth  June  1793. 
2d  year  of  the  Republic  of  France.  HAUTERIVE. 

Con/ul  of  the  Republic  of  France  at  New-Tork^ 

Philadelphia,  T/'w*  i7/^»  I793« 
Mr.  Jejftrfont  Secretary  of  State^  to  Mr.  Genets  Min}j?cr  Plenipotentiary 

of  France. 
Sir, 

I  SHALL  now  have  the  honor  of  anfwering  your  letter  of  the 
8th  inilant,  and  fo  much  of  thatt)f  the  14th,  (both  of  which  have 
been  laid  before  the  Prelident)  as  relates  to  a  vefiel  armed  in  the  port 
of  New- York,  and  about  to  depart  from  thence,  but  Hopped  by  ordtr 
of  the  government ;  and  here  I  beg  leave  to  prcmife,  tliat  the  cafe  fup- 
pofed  in  your  letter,  of  a  vefiel  arming  merely  for  her  ov.n  defence, 
and  to  repel  unjufl.  aggreffions,  is  not  that  in  queftion,  nor  that  on 
which  I  mean  to  anfwer ;  becaufe,  not  having  yet  happened,  as  far  as 
is  known  to  the  government,  I  have  no  tnftrudlions  on  the  fubjeft. 
The  cafe  in  qr.eltlon,  is  that  of  a  veflel  armed,  equipped,  and  man- 
ned, in  a  port  of  the  United  States,  for  the  pui-pofe  of  committing  hol- 
tilities  on  nations  at  peace  with  the  United  States. 

As  foon  as  it  was  perceived,  that  fuch  enterprizes  would  be  at- 
tempted, orders  to  prevent  them,  were  difpatched  to  all  the  ilates  and 
ports  of  the  union.  In  confequence  of  thefe,  the  governor  of  New- 
York,  receiving  information  that  a  floop,  heretofore  called  the  Polly, 
now  the  Republican,  was  fitting  out,  arming  and  manning,  in  the  port 
of  New- York,  for  the  exprefs  and  fole  purpofe  of  cruiling  againil 
certain  nations  with  whom  we  are  at  peace,  that  fhc  had  taken  her 
guns  and  ammunition  aboard,  and  was  on  the  point  of  departure, 
feized  the  vefTel.  That  the  governor  was  not  miibikeri  in  the  pre- 
vious indications  of  her  object,  appears  by  the  fubiequent  avowal  of 
the  citizen  Hauterive,  conful  of  France  at  that  port,  who,  in  a  letter 
to  the  governor,  reclaims  her,  as  *  **  Uh  vaiflcau  arme  en  guerre  et 
pret  a  mettre  a  h  voille,"  and  defcribes  her  obje6l  in  thefe  expref- 
lions,  f  "  Get  ufage  etrange  de  la  force  publique,  contre  les  citoycns 
d'une  nation  amie  qui  fe  rcuniflcnt  id  pour  allcr  ilefendre  hurs  freres" 
and  again,  f  "  Je  requiers,  Monfieur,  I'autoritc  dont  vous  etes  revt'tu, 
pourfaire  rendre  a  dcs  allies,  &c.  la  liberie  de  voler  aufecours  de  lexir 

Tranflatlon  of  paflages  in  letter  to  Mr.  Genet,  17th  June^  1793. 

*  "  ^  ve/fel  armed  for  wart  and  ready  to  put  to  fea.''* 

t  "  This  Jlrange  nfe  of  public  force  ngalnjl  the  chl-zens  of  a  friendly 
nation  who  are  united  here^  In  order  to  go  in  defence  of  t liclr  brothers.' ' 

X  "  I  require.,  fir t  the  authority  v/ith  r^vhlch  you  are  ve/tedy  fo  caufctn 
be  rendered  to  Frenthmeny  to  allies^  i:fc,.the  liberty  of  living  to  the  fuo 
cour  of  their  country." 


[  36  J 

palrie.**  This  tranfadion  being  reported  to  the  Prefident,  orders 
w.re  immediately  fcnt  to  deliver  over  the  veflel,  and  the  perfons  con- 
cerned in  the  enterpri/c,  to  the  tribiinalH  of  the  country  ;  that  if  the 
a^l  wan  of  tliofc  forbidden  by  the  law,  it  might  be  punifhed  ;  if  it  was 
not  forbidden,  it  might  be  fo  declared,  and  all  perfons  appri/.ed  of 
what  they  might  or  might  not  do. 

Thia  we  have  reafon  to  believe  is  the  true  ftate  of  the  cafe,  and  it 
is  a  repetition  of  that  which  was  the  fubjedl  of  my  letter  of  the  5th 
inftant,  which  animadverted  not  merely  on  the  fmgle  faft  of  the  granting 
commilTione  of  war,  by  one  nation  within  the  territory  of  another  ; 
but  on  the  aggregate  of  the  fads ;  for  it  ftates  the  opinion  Of  the 
Prefident  to  be,  that  ♦•  The  arming  and  equipping  veflels  in  the  po»t8 
of  the  United  States,  to  cruife  againll  nations  with  whom  they  are  at 
peace,  was  incompatible  with  the  fovereignty  of  the  United  States ; 
that  it  made  them  inftruinental  to  the  annoyance  of  thofe  nations,  and 
thereby  tended  to  commit  their  peace." — And  this  opinion  is  Hill 
conceived  to  be  not  contrary  to  the  principles  of  natural  law  ;  the 
ufage  of  nations  ;  the  engagements  which  unite  the  two  people  ;  nor 
the  proclamation  of  tlie  Prefident,  as  you  item  to  think. 

Surely  not  a  fyllable  can  be  found  in  the  lall  mentioned  indrument, 
permitting  the  preparation  of  hollilities  in  the  ports  of  the  United 
States.  Its  objed  was  to  enjoin  on  our  citizens  "  a  friendly  condud 
towards  all  the  belligerent  powers ;"  but  a  preparation  of  hollilities, 
is  the  rcverfe  of  tiiis. 

None  of  the  engagements  in  our  treaties,  ftipulate  this  permidion. 
The  XVII  article  of  that  of  commerce,  permits  the  armed  veflTcls  of 
either  party  to  enter  the  ports  of  the  other,  and  to  depart  with  their 
prizes  freely  :  but  the  entry  of  an  anned  vefTel  into  a  port,  is  one  ad  ;  the 
equipping  a  vefTel  in  that  port,  arming  her,  manning  her,  is  a  different 
one,  and  not  en^ngcd  by  any  article  of  the  treaty. 

You  think,  Sir,  that  tin's  opinion  is  alfo  contraiy  to  the  law  of  na- 
ture, and  ufage  of  nations.  We  are  of  opinion  it  is  didated  by  that 
law  and  ufage  ;  and  this  had  been  very  maturely  enquired  into  before 
it  was  adopted  as  a  principle  of  condud.  But  we  will  not  aOume  the 
exchifive  right  of  faying  what  that  law  and  ufage  is.  Let  us  appeal 
to  enlightened  and  dillnterelted  judges.  None  is  more  fo  than  Vattel. 
He  fays,  1.  3,  f.  104,  §  "  Tant  qu'un  people  neutre  vent  jouir  furcmcnt 
de  cet  ctat  il  doit  montrer  en  toutes  chofes  une  exade  impartialitc  entrc 

§  As  long  as  a  neutral  nation  iv'ifhes  to  enjoy  thisjltuation  with  certainty ^ 
it  ought  tojhonv  in  every  things  an  exaS  impartiality ^  between  thofe  wht 
are  at  war.  For  if  il  favour  the  one  to  the  prejudice  of  the  other ^  it  can- 
rot  complain  when  that  other  Jball  treat  it  as  an  adherent  and  ajfociate  of 
its  enemy.  Its  neutrality  would  be  a  fraudulent  onCy  of  which  none  would 
be  the  dupe.  JjCt  us  fee  then  wherein  cotififls  that  impartiality  which  a  neu- 
tral people  ought  fo  obferve. 

J  I  regards  war  only.,  and  comprehends  two  things,  ijl.  To  give  no  fuc- 
cour  when  not  olliged  thereto  ;  not  to furni/h  freely y  either  troops,  armsy  ani'^ 
viunitiouy  or  any  thing  which  dirctfly  fcrves  for  war.     I f^yy  to  give  no 


[  ,17  ] 

ceux  qui  fc  font  la  guerre.  Car  s'il  fax oi  ife  Tun  an  prcjiidice  de  I'aiitrc 
il  nc  puuTa  pas  fc  plaindrt*,  {jiiaiul  oil  li-ci  Ictraiti'ia  coiiiim'  adiu'rcnt 
et  afTocic  dc  fon  ciintmi.  Sa  nciitialli*-  fi  roit  unc  ncutralitt  fraudulttir , 
dent  pcrfonnc  ne  vcut  ttrc  la  dupe. — Voyons  done  en  quoi  conlil'lc 
cette  impart lalitc  qu'nn  pcuple  m  utrc  doit  jrardcr. 

EIlc  fe  raporte  uniqutinent  a  l;i  jjucrrc,  &  comprtinl  dvux  cltofcs. 
I,  Nc  point  donncr  dc  fccours  quatui  on  n'y  ell  pa8ol>lIgt  ;  nc  fournir 
libremcnt  ni  troupcH  ni  armcH,ni  munitioiiH,  ni  rien  de  fc  qui  fert  dire«^tc- 
ment  a  la  gutrre.  Je  dis  ne  point  ilunntr  i/ejkount  ct  non  pas  en  t/onmr 
egaUment  ;  car  il  fcroit  abfurde  qu'iMi  etat  fecounit  en  mcmc  tcms  deux 
cnneinis.  Et  puis  il  leroit  inrpollib' .  de  la  faire  avtc  egalito,  lesmcinei 
chofcH,  le  incine  nomhre  de  troupes,  la  nicinc  quantitc  d'armes  dc  nuini- 
tion«,  &c.  foumies  en  des  circonllanlleces  din'ercntes  ;  ne  ft)rnient  pl"« 
des  fucours  cquivalcns,  ^c."  If  the  neutral  power  may  not,  conliilent 
with  its  neutrality,  furnilh  men  to  either  party,  for  tlieir  aid  in  war,  an 
little. can  cither  enrol  them  in  the  neutral  territory,  hy  the  law  of  na- 
tions. Wolfe,  f.  1 1 74,  fays  ||  "  Puifque  le  droit  de  lever  de:«  fuldats 
ell  un  droit  de  majellc  qui  ne  pent  ttrc  viole  par  une  nation  ctrnngcrc, 
il  n'efl  pas  permis  dc  lever  des  foldats  fur  le  teiritoirc  d'autrui  fans  Ic 
confentcmint  du  maitre  du  territoire."  And  Vattcl,  before  cited,  1.  3, 
f.  15,*"  Le  droit  de  lever  des  foldats  appartenant  uniqucment  a  la  na- 
tion on  au  fouverain,  pcrfonnc  ne  pent  en  enroller  en  pays  etranger  fans 
la  pcrmiirion  du  fouverain  ;  ceux  qui  cntrcprcnent  d'engager  dis  foldats 
en  pays  etranger  fans  la  pcrmilTion  du  fouverain  et  en  general  quiconque 
debauche  les  fujets  d'autrui,  viole  un  des  droits  les  plus  facrcs  du  prince 
&  de  la  nation.  C'efl  le  crime  qn'onappelle/Ar/f/V!'^  ou  vol  d'homme. 
II  n'efl  aucun  etat  polite  qui  ne  le  punife  tres  fcverement,  &c.*'  For 
I  chufe  to  refer  you  to  the  pafTage,  rather  than  follow  it  through  all  its 
developements.  The  teftimony  of  thefc  and  other  writers  on  the  law 
and  ufage  of  nations,  with  your  own  juft  refledlions  on  them,  will 
fatisfy  you  that  the  United  States,  in  prohibiting  all  the  belligerent 
powers  from  equipping,  arming  and  manning  veflels  of  war  in  their 

fuccour,  and  not  to  give  it  equally  :  for  U  ivovldle  ahfurrl  in  ajlale  to 
Juccour  inuo  enemies  at  the  fame  time.  Audi  fides  it  would  he  impo/fihle 
to  do  it  with  equality  ^  the  fame  things^  the  fame  numler  of  troops,  the  fume 
quantity  of  arms,  ammunition,  ^c.furnijhed  in  di^erenl  circumj} times ,  are 
HO  longer  equivalent  fuccoursJ'* 

II  "  Since  a  right  of  raifing  fuldiers  is  a  right  of  majcfly,  which  cannot 
he  violated  by  a  foreign  nation,  it  is  not  permitted  to  raife  foldiers  on  the  terri- 
tory of  another,  without  the  confent  of  its  fovercign.'" 

*  •♦  The  right  of  raifwg  foldiers  belonging  only  to  the  nation  or  its  fove- 
reign,  no  one  can  enrol  thetn  in  a  foreign  country  without  the  permilfton  of  the 
fovcreign.  Thofe  who  undertake  to  engage  foldiers  in  o foreign  country,  wilh- 
nut  permijfion  of  the  fovereign — and  in  general  whofoeiier  corrupts  the  fub- 
jcch  of  others,  tnolates  one  of  the  moflf acred  rights  of  the  prince  i\nd  of  thr. 
nation.  It  is  the  crime  which  is  called  plagiat  or  men-theft.  There  is  no 
policed  flute  which  docs  not  fever ely  pinuPi  it. 


[  38  ] 


ports,  have  cxtrcilcd  a  right  and  a  duty  with  jufticc,  and  with  grcr.t 
moderation.     By  our  treaties  with  feveral  of  the  belligerent  powers, 
wliich  c.rc.  a  part  of  the  laws  of  our  land,  we  have  cftabliflied  a  Itile  of 
peace  with  them.     But  without  appealing  to  treaties,  we  are  at  peace 
with  them  all  by  tlie  laws  of  nature  ;  for,  by  nature's  law,  man  ig  at 
peace  with  man,  till  fome  aggreflion  is  committed,  which,  by  thefarne 
law,  authorifes  one  to  deltroy  another,  as  l)i9  enemy.    For  our  citizens 
then  to  commit  murders  and  dcprcUa^ioiiS  on  the  members  of  nations 
at  peace  with  us,  or  to  combine  to  do  it,  appeared  to  the  executive, 
and  to  thofe  whom  they  confultcd,  as  much  againlt  the  laws  of  the 
land,  as  to  murder  or  rob,  or  combine  to  murder  or  rob,  its  own  citi- 
zens ;  and  as  much  to  require  punifhment,  if  done  within  their  limits, 
where  they  have  a  territorial  JM-iidiftion,  or  on  the  high  feas,  where 
they  have  a  perfonal  jurifdittion,  that  is  to  fay,  one  which  reaches  their 
own  citizens  only  ;  this  being  an  appropriate  part  of  each  nation  on 
an  clement  where  all  have  a  common  jurifdiclion.     oo  fay  our  laws, 
as  we  underftand  them  oarfelves.     To  them  the  appi^ai  '"s  made — and 
whether  we  have  conftrued  them  well  or  ill,  the  couftitutional  judges 
will  decide.     Till  that  decilion  fhall  be  obtained,  the  government  of 
United  States  muft  purfue  what  they  think  right,  with  firmnefs,  as  is 
their  duty.     On  the  firft  attempt  that  was  made,  the  Prefident  was 
defirous  of  involving  in  the  cenfures  of  the  law,  as  few  as  might  be. 
'Such  of  the  individuals  only,  therefore,  as  were  citizens  of  the  United 
States,  were  fingled  out  for  profecutlon.     But  this  fecond  attempt  be- 
ing, after  full  knowledge  of  what  had  been  done  on  the  firft,  and  in- 
dicating a  difpoiition  to  go  on  in  oppofition  to  the  laws,  they  are  to 
take  their  courie .  againft  all  perfons  concerned,  whether  citizens  or 
aliens  ;  the  latter,  while  within  our  jurifdiftion,  and  enjoying  the  pro- 
teftion  of  the  laws,  being  bound  to  obedience  to  them,  and  to  avoid 
difturbarces  of  our  peace  within,  or  afts  which  would  commit  it  with- 
out, ei^ually  as  citizens  are. 

I  have  the  honor  to  be,  with  fentiments  of  great  refpe6l  and  efteem. 


)ir, 


Your  moll  obedient. 

And  mofi  humWe  fervant, 

Th:   JEFFERSON. 


PHU-ADn.PHiA,  22d  yi'ne,  1793. 
2d  year  of  the  Republic. 
T'/je  C'llhen  (7et?ff,  Min:Jlir  ph'nUwferiiary  nf  the  Republic  of  France,  i(t 
Mf.  y^^<if^-'^y  Secretary  ofjlaie  of  the  United  Stales. 
Sir, 
\  LSCUKSTONS  are  fliort  when  matters  are  taken  upon  their  true 

»    principles.     I^et  us  explain  ourfelvcs  as  republicans.     I^et  us 

not  lower  ouvielves  to  the  level  of -ancient  politics,  by  diplomatic  fub- 
tlctior..  Let  us  be  as  frank  in  our  overtures — in  our  declarations,  as 
pvir  two  nations  are  in  their  a:Tccvion8  ;  and  by  this  plain  and  fincere 
eondua,  arrive  at  the  objc£l  by  the  fhortcil  way. 


D 


[  39] 


e<5l  and  efteem, 


All  tlic  reafonings,  Sir,  contained  in  the  letter,  which  you  did  me 
the  honor  to  write  to  me  the  17th  of  this  month,  are  extremely  inge- 
nious ;  but  I  do  not  hefitate  to  tell  you,  that  they  reft  on  a  balls  which 
I  cannot  admit.     You  oppofe  to  my  complaints,  to  my  juft  reclama- 
tions, upon  the  footing  of  right,  tlie  private  or  public  opinions  of  the 
Prefident  of  the  United  States ;  and  tliis  Egis  not  appearing  to  you 
fufficlcnt,  you  bring  forwafd  aphorifms  of  Vattel,  to  juitify  or  excufe 
Infradlons  committed  on  pofitive  treaties.     Sir,  this  conduft  is  not 
like  ours.     In  arriving  among  you,  I  have,  with  candor,  faid  that  the 
French  nation,  cheriflilng  the  intereils  of  the  United  States  more  than 
their  own,  occupied  themfelvts  but  on  thoir  happln^fs,  in  the  midft  of 
furrounding  dangers,  and  Inftead  of  prefiing  them  to  fulfil,  towards 
them,  all  the  obligations  impofed  on  them  by  our  treaties,  by  grati- 
tude, and  by  provident  poHcy  ;  they  have  juil  granted  new  favours  to 
their  commerce,  to  partake  with  them  the   benefits  of  its  navigation, 
opening  to  them  all  the  ports  In  the  two  worlds  :  In  a  word,  airimilating 
them  to  her  own  citizens. 

Such  amicable  and  difmtereftod  proceedings  (liould  render  the  fede- 
ral government.  Sir,  indullrious  in  feeking  at  leaft  all  the  means  of 
ferving  us  as  far  as  circumftances  would  permit  them  ;  but  inftead  of 
waiting  till  Congrefs  had  taken  into  confideration  the  important  fub- 
je£ls  which  fnould  already  have  occupied  them  ;  until  they  had  deter- 
mined whether  the  war  of  liberty  ;  whether  the  fate  of  France  and  her 
colonies,  were  indifferent  objects  for  America  ;  until  they  had  decided 
whether  it  was  the  intcreft  of  the  United  States  to  profit,  or  not,  of 
the  fituation  In  which  French  magnanimity  places  them;  they  have  been 
forward,  urged  on  by  I  know  not  what  influence,  to  purfue  .another 
condu6l.  They  have  multiplied  dlfiiculties  and  embarraffinents  in  my 
way.  Our  treaties  have  been  unfavourably  interpreted  :  Arbitrary 
orders  have  direfted  againft  us  the  aftion  of  the  tribunals  ;  indeed,  my 
diplomatic  reception  excepted,  I  have  met  with  nothing  but  difguft 
and  obftacles  in  the  ncgociations  I  have  been  charged  with. 

It  Is  not  thus  that  the  American  people  wifh  we  fhould  be  treated. 
I  cannot  even  fuppofe,  and  I  wifii  to  beheve,  that  mcafures  of  this 
nature  were  not  conceived  in  the  heart  of  General  Walhington, — of 
that  celebrated  hero  of  liberty.  I  can  attribute  them  only  to  extraneous 
Impreflions,  over  which  time  and  truth  will  triumph.  I  requeft  you 
therefore,  Sir,  to  lay  before  this  firft  maglftrate  of  your  Republic,  the 
two  inclofed  protefts,  vvhicli  have  been  juft  tranfmltted  to  nie  by  the 
confuls  of  the  Republic  of  France  at  New-York  and  PluiadelpI na.  You 
will  fee  therein  that  thtfe  officers  complain,  that  French  prizes,  the 
jurifdidh'on  of  which  belongs  exclufively  to  the  confular  tribunals,  have 
Ijeen  fcized  In  thefe  two  ports,  by  orders  of  the  Preiident.  I  expe*5t 
from  the  equity  of  the  feaeral  government.  Sir,  the  immediate  redrefs 
of  thefe  Irregularities ;  and  I  venture  to  hope,  alfo,  that  the  Prefident 
would  be  pji  afed  to  examine  again  the  affair  of  the  (liip  Republican, 
of  New-York,  and  confidc-r  whether  (independent  oi' liii- rigi)t  which 
we  have  to  fit  out  privatccro)  any  of  the  cxprcliiuii»  ufid  by  tc<nful 


[  40] 


\l 


Hauterfvc,  to  recb.im  the  giving  up  of  the  felzurc  made  of  that  vcffel, 
proves  that  ftie  has  been  armed  for  this  purpcfe.    The  citizen  Hauterivc 
has  clearly  fhown,  on  the  contrary,  that  (he  was  armed  by  Frenchmen, 
at  a  time  when  the  moil  religious  of  all  duties  prompted  them  to  fly 
from  all  parts  of  the  world  to  the  fuccour  of  their  countr)',  and  to  fulfil 
towards  her,  thofe  duties  to  which  the  Americans  would  be  equally 
bound,  if  we  had  not  the  defirc  to  leave  to  their  wifdom  and  their  honor, 
the  umpirage  of  their  conduft.  It  is  inconteftible,that  the  treaty  of  com- 
merce (art.  XXII)  exprefsly  authorifes  our  arming  in  the  ports  of  the 
United  States,  and  interdicts  that  privilege  to  every  enemy  nation. 
Bcfidts  this  a«fl  forms  but  a  part  of  our  conventional  compacts,  and  it 
is  in  them,  colkcitively,  that  we  ought  to  feek  contraAs  of  alliance  and 
of  commerce  fimultaneoufly  made,  if  we  wi(h  to  take  their  fenfe»  and 
interpret  faithfully  the  intentions  of  the  people  who  cemented  them, 
and  of  the  men  of  genius  who  dilated  them.     If  you  cannot  pro- 
tect our  commerce,  and  our  colonies,  which  will,  in  future,  contnbute 
much  move  to  your  profperity  than  to  our  own,  at  leaft  do  not  arreft 
the  civifm  of  our  own  citizens,  do  not  expofe  them  to  a  certain  lofs, 
by  obligin::^  them  to  go  out  of  your  ports  unarmed.     Do  not  punifh 
the  brave  individuals  of  your  nation,  who  arrange  themfelves  under  our 
banner,  knowing  pcrfedlly  well,  that  no  law  of  the  United  States  gives 
to  the  government  the  fad  power  of  arrefling  their  zeal  by  afts  of  rigor. 
The  Americans  are  free  ;  they  are  not  attached  to  the  glebe  like  the 
flaves  of  Ruflia ;  they  may  change  their  fituation  when  they  pleafe, 
and  by  accepting,  at  this  moment,  the  fuccour  of  their  arms  in  the 
habit  of  trampling  on  tyrants,  we  do  not  commit  the  plagiat  of  which 
you  fpeak.     The  true  robbery,  the  true  crime,  woiJd  be  to  enchain 
tiie  courage  of  thefe  good  citizens,  of  thefe  fmcere  friends  to  the  beft 
of  caufes. 

I  am  ignorant.  Sir,  of  the  conftitutlonal  judges  to  whom  the  federal 
government  appear  to  have  it  In  contemplation  to  refer  the  different 
quelllons  of  public  right,  which  have  arlfen  between  us  ;  but  it  appears 
to  me,  that  thefe  judges  can  be  looked  upon  only  as  counfellors  ;  fince 
no  particular  tribunal  has  the  right  or  power  to  interpofe  between  two 
nations,  whofe  only  arbiters,  when  they  have  a  fmcere  defire  to  live 
fraternally  and  amicably  together,  mult  be,  in  the  prefcnt  ftate  of  hu- 
man focieties,  good  faith  and  reafon. 

Accept,  Sir,  the  expreflion  of  my  elleem,  and  my  refpe<Slful  fenti- 
ments. 

GENET. 


TRANSLATION. 

Confulate  of  New-York. 

Proiej}  of  C'lihtn  Ilaulenvf,  Confnl  of  the  Repubhr  of  France^  at  New- 
Tvrk^  a^-uiiil  the  procefx  iiiitl  fe'izure  of  the  Caiharine  of  Halifax. 

CONSI'DjIRING  that  tribunals  are  InlHtuted  to  render  juttlce 
between  individuals,  and  not  to  judge  of  the  differences  that  may 
arifc  between  governments,  ar.d  Hill  kfs  to  decide  on  the  political  re- 


I  41    ] 

I  lations  which  cxift  between  nation  and  nation.  That  their  fphere  is  clr- 
cnmfcribed  within  the  territorial  limits  of  the  Hate  to  which  they  be- 
long. That  there  cannot  be  any  relation  of  dependence  between  the 
tribunals  which  therein  belong  'to  two  different  nations. 

That  the  confular  jurifdiftion  Is  an  extenfioii,  and  a  firft  degree  of 
I  jurifdiclion  of  the  tribunals  of  commerce  and  of  admiralty,  inftituted  in 
I  foreign  countries  by  the  nation  to  which  the  political  conventions  have 
given  the  right  of  confulate  as  wdl  as  the  right  of  recurring  to  the  pub- 
lic force,  to  enfure  the  execution  of  the  confular  difcufliotis. 

That  the  limits  of  this  jurifdiAion  depend  only  on  the  foreign  go- 
verm;;nt  which  has  ellabllfhed  it ;  and  that  this  government  may  extend 
or  contraft  it  at  pleafure,  provided  it  does  not  attribute  to  it  any  aftlon 
againft  the  perfons,  the  property,  the  police  and  the  local  juni'dlilion. 

That  In  attributing  to  thefc  tribunals  dependent  upon  it,  thit  which 
belongs  to  another  equally  dependent  upon  it,  a  government  does  not 
go  beyond  the  limits  of  this  power. 

That  recently  the  French  government  hath  given  to  tlie  confulates 
of  the  Republic,  the  jurlfdIAIon  of  fea-prlzes,  and  has  thus  completely 
conftltuted  them  courts  of  admiralty. 

That,  by  that  it  only  dilplaces  one  of  the  branches  of  the  judiclarj'- 
power.  That  the  geographical  pofitlon  of  a  leg.illy  eftabllflied  tribunal, 
neither  alters  the  force,  nor  extent,  nor  Independence  of  its  jurlfdiftion. 

That  all  Intervention  dlreft  or  indlreft,  as  to  the  French  prizes, 
being  formally  interdicted  the  tribunals  of  the  countr)',  the  admiralties 
of  the  two  nations,  however  they  may  locally  Rpproach  each  other, 
are  not  the  lefs  feparated  from  one  anotlier  by  tlie  Infurmountable  barrier 
of  political  right. 

That  thus  a  French  prize,  remnlnlng  In  a  neutral  port  in  virtue  of 
treaties,  is  fubmltted  to  the  confular  admiralty  In  virtue  of  the  right 
which  nations  have  of  organizing  at  pleafure  their  judicatures,  is  as 
much  flickered  from  the  aftion  of  any  other  local  tribunal,  as  if  it 
were  in  a  French  road. 

For  all  thefe  reafons,  we  Alexander  Hauterlve,  cor-(fn.l  of  the  Re- 
public of  France,  con fiderlng  that  the  New- York  dittricl  court  has 
extended  its  jurifdi6lion  to  a  French  prize,  the  decifion  of  wliich  was 
pending  in  our  tribunal  : 

That  this  intervention,  prefrrlbed  by  the  treaties,  not  only  tends  to 
eftabliih  aclafiiing  of  jurlfditVlon  between  two  tribunals,  which  can- 
not have  communication  together,  but  aUo  to  the  annihilation  of  the 
confiilaF  ^tribunal,  which  Is  reduced  to  nothing  as  foon  as  the  public 
forop^  which  the  treaties  have  given  it  the  nght  of  demanding  to  fupport 
its  judgmfe«t6y  is  employed  againft  it.  ' 

That  If  this  error  of  the  judiciary  power  could  be  anthorlfed  by  tlie 
government,  we  muft  fuppofe  that  the  government  has  fht-  v'p;bt  of  in- 
terpreting, modifying,  or  fieftroylnp;  the  poll-icnl  compares  wliich  unite 
the  two  nations,  by  the  information  ar.d  dccllion  of  tlie  tribunals  of 
•ne  of  thefe  two  nations. 

Wc  protell  againft  the  violation  done  to  the  rights  of  t!ic  nrition  we 

F 


[41  ] 


repielent ;  we  tleclare  formally,  that  whatever  may  be  the  decifions  of 
the  tribunal,  wlWch  has  arrogated  to  itfelf  the  judgment  of  the  prize 
Catharine  of  Halifax,  to  the  injuiy  of  the  consulate  jurifidiftioii,  the 
parties  interefted,  who  are  amenable  only  to  our  tribunal,  are  not 
bound  to  conform  to  it.  We  declare  this  judgment  to  be  null,  and  of 
no  effecl  whatever  ;  ift,  By  the  notoriety  of  the  incompetency  of  the 
tril;  nal.  2d,  Became  it  would  be  given  in  contempt  of  our  protcll. 
ad,  Bccaufe  it  would  be  formed  on  infufficlent  information,  the  prin- 
cipal papers  to  elucidate  the  difcuffion,  being  in  our  hands,  never  to 
go  cut  of  them.  Ath,  Becaufe  the  French  Repubhc  being  one  of 
the  parties,  it  would  be  neceflary,  in  order  to  proceed  regularly,  that 
the  judges  fhouldfind  in  the  American  laws,  that  the  French  nation  is 
amenable,  in  its  political  rights,  to  a  private  tribunal,  and  that  they 
may  be  condemned  by  default. 

We  declare,  in  fine,  that  thefe  rights  fliall  remain  entire,  faving  the 
requifition  of  damages  and  intereft,  to  the  parties  interetted,  and  the 
demand  of  reparation  for  that  of  the  two  nations,  who,  in  the  diplo- 
matic judjjment,  (the  only  competent  arbiter  between  friendly  nations) 
will  be  acknowledged  injured  in  its  rights. 

Further  we  declare,  that  the  judgment  of  the  faft  is  ftill  pending  in 
the  confular  tribunal  of  the  Republic  at  New- York. 
NFw-yoRK,2ilt  June,  1793. 

2d  year  of  the  French  Republic. 

Certified  to  be  conformable  to  the  original. 

Prottji  of  the  Conful  of  the  Republic  of  France  againjl  the  fei%ure  of  the 

Jloip  Wlillam. 

CONvSIDERING  that  no  autliority  on  earth  has  either  the  right 
or  the  power  of  intei-pofing  between  the  French  nation  and 
her  enemies.  That  (he  alone  is  the  arbiter  and  judge  of  the  ofiFenfive 
afts-  which  the  fiipport  of  her  independence  obliges  her  to  commit 
againft  the  defpotic  governments  coalefced  to  replunge  her  Into  a  ilatc 
of  fervitude,  from  which,  abandoned  by  her  friends,  and  affailed  by  fo 
many  enemies,  fiie  alone  has  been  able  to  liberate  herfelf.  That  the 
court  of  admiralty  at  Philadelphia,  yielding  at  firll  to  ill-founded  re- 
clamations, lince  recalling  herfelf  to  the  principles  of  the  law  of  na- 
tions, has  acknowledged  its  Incompetency  to  the  dtcifion  on  the 
legality  of  French  jiri/es. 

That  hence  it  t:vidently  refults,  that  no  local  authority  can  take 
Tjicn  itfelf  the  information  of  a  diicufllon  which  arifes,  or  may  arife, 
ber.wccn  nation  and  nation. 

That  nevcrthclefs  the  federal  government  has  placed  a  guard  on  the 
fhip  JVil/intK,  taken  by  the  French  galliot,  the  Citizen  Genet,  and  by 
this  matter  of  fatt  {t'cms  to  declare,  that  previous  to  all  difcuffion  it 
meaiil:  to  interfere  in  the  examination  of  the  right,  and  in  the  deci- 
fion  of  the  faftf. 

That  if  the  government  inteifci C3  as  local  authority  in  the  judg- 
ment of  the  fadts,  they  deny  and  violat;e  the  principle  exprefsly  de- 
clared in  the  x  7th  art.  of  the  treaty  between  America  and  France. 


■m': 


is  itIU  pending  in 


[43  ] 

That  if,  as  a  power  inverted  by  the  nation  to  communicale  with 
[foreign  governments,  they  interfere  in  the  examination  of  the  right, 
;  they  proceed  previoufly  by  a  method  till  this  day  unknown,  in  pre- 
j  ceding  a  diplomatic  difcuflion  by  an  arbitrary  an4  violent  ad,  and  by 
[an  execution  purely  military. 

For  all  thefe  reafons,  we,  Francis  Dupont,  Conful  of  the  French 
Republic  at  Philadelphia,  formally  proteft  againft  the  infringement 
committed  on  the  rights  of  the  French  nation  by  the  local  govern- 
ment of  Philadelphia. 

We  declare,  that  having  proceeded  in  a  judiciary  manner  to  the  fale 
of  the  faid  rtiip,  and  that  being  accountable  in  the  name  of  the  French 
nation,  to  the  purchafers  of  the  property  acquired  by  them,  we  throw 
upon  the  government,  which  has  created  thefe  obllacles  to  acquiring 
the  pofleflion,  all  the  damages  and  intereft. 

We  declare  further,  that  in  informing  the  minifter  of  the  French 
Republic  of  the  violence  oppofed  to  the  exercife  of  our  funftions,  we, 
in  his  name,  referve  by  the  prefent  proteft,  the  purfuit  in  reparation 
for  the  violation  of  the  conventional  compatEls,  and  the  outrage  againft 
the  Freoch  nation  in  the  miniftry  of  its  agents. 

Done  in  our  confulate,  Philadelphia,  2 2d  June,  1793,  2d  y<:a) 
of  the  French  RepubUc, 

Frois.  DUPONT. 


Philadelphia,  ^une  iitli,  1793. 
Mr.   Jefferjon^  Secretary   of  State,  to  the  Minl/ier  Plenipotentiary  of 

France, 
Sir, 

I  HAD  the  honor  of  laying  before  the  Prefident  your  memorial  of 
the  2 2d  of  May,  propofing  that  the  United  States  ftiould  now 
pay  up  all  the  future  inftalments  of  their  debt  to  France,  on  condi- 
tion that  the  fum  ftiould  be  invefted  in  produce.  The  Prefident 
having  I'uliy  deliberated  on  the  fubjeft,  I  have  now  the  honour  of  en- 
cloling  you  a  report  from  the  treafury  department,  made  in  confe- 
quence  thereof,  and  explaining  the  circumftanqes  which  prevent  the 
United  States  from  acceding  to  that  prcpofition. 

In  i'aft,  the  inftalments  as  they  are  fettled  by  the  Convention  be- 
tween the  two  nations,  far  exce«d  the  ordinaiy  refources  of  the 
United  States.  To  accomplifh  them  completely  and  punctually,  we 
are  obliged  to  anticipate  the  revenues  of  future  times,  by  loans  to  aq 
great  an  extent  as  we  can  prudently  attempt.  As  they  are  arranged 
however  by  the  Convention,  they  give  us  time  for  fucce01ve  and 
gradual  efforts.  But  to  croud  thefe  anticipations  all  into  a  fingle 
one,  and  that  to  be  executed  in  the  prefent  inftant,  would  more  than 
hazard  that  ftate  of  credit,  the  prefen-ation  of  which  can  alone 
enable  us  to  meet  the  different  payments  at  the  times  agreed  on.  To 
do  even  this,  hitherto,  has  required,  in  the  operations  uf  bonowing, 
time,  prudence,  and  patience  ;  and  thefe  operations  are  Jlill  going  on 
lij  all  the  extent  they  will  bear.     To  prefs  them  beyoi^d  this,  woid4 


[  44   ] 


be  to  defeat  them  both  now  and  hereafter.  We  beg  you  to  be  affured, 
and  throu;!;h  you  to  affiire  your  nation,  that  among  the  important 
rcafons  which  lead  us  to  economifc  and  fofter  our  public  credit,  a 
Jlrong  one,  is,  the  defire  of  preferving  to  ourfelves  the  means  of  dif- 
chaiging  our  debt  to  them  with  pundluality  and  good  faith,  in  the 
times  and  fums  which  have  been  llipulatcd  between  us.  Referring  to 
the  enclofed  report  for  a  more  particular  developemcnt  of  the  obilacles 
of  the  propofition,  I  have  the  honour  to  affure  you  of  the  fentiments 
of  particular  efteem  and  refpedl  with  which  I  am.  Sir, 

Your  moll  obedient  and  moft  humble  fervant, 

Th:  JEFFERSON. 


The  Secretary  of  the  Treafury^  to  whom   was   referred  a  communication 
from  the  Miui/ler  Plenipotentiary  of  the  Republic  of  France^  on  the 
fuhjeil  of  the  debts   of  the  United  States,  to  France,  refpeSfuUy  makes 
thereupon  the  following  report  : 

THE  objedl  of  this  communication  is  to  engage  the  United 
States  to  enter  into  an  arrangement  for  difcharging  the  refiduc 
of  the  debt  which  they  owe  to  France,  by  an  anticipated  payment  of 
the  Inftalrfients  not  yet  due,  either  in  fpecie  or  bank  bills  of  equal  cur- 
rency with  fpecie,  or  in  government  bonds,  bearing  intereft  and  payable 
at  certain  fpecified  periods,  upon  condition  that  the  fum  advanced  (hall 
be  inverted  in  produftions  of  the  United  States,  for  the  fupply  of  the 
French  dominions. 

With  regard  to  the  firft  expedient,  namely,  a  payment  in  fpecie  or 
bank-bills,  the  refources  of  the  treafury  of  the  United  States  do  not 
admit  of  its  being  adopted.  The  government  has  relied  for  the 
means  of  reimburiing  its  foreign  debt  on  new  loans  to  be  made  abroad. 
The  late  events  in  Europe  have  thrown  a  temporary  obftacle  in  the 
way  of  thefe  loans,  producing,  confequently,  an  inability  to  make 
payment  by  anticipation  of  the  refidue  of  the  debt  hereafter  to  grow 
due. 

With  regard  to  the  fecond  expedient,  that  of  government  bonds 
payable  at  certain  fpecified  periods  ;  this  in  fubftance,  though  in  other 
forms,  has  repeatedly  come  under  confidcration,  and  has  as  often  been 
declined  as  ineligible.  Great  inconveniencies  to  the  credit  of  the  go- 
vernment, tending  to  derange  its  general  operations  of  linance,  have 
been  and  mull  continue  to  be  perceived  in  eveiy  plan  which  is  calcu- 
lated to  throw  fuddenly  upon  the  market,  a  large  additional  fum  of  its 
bonds.  The  prefent  Hate  of  things  for  obvious  reafons  would  ferve  to 
augment  the  evil  of  fuch  a  circumftance,  while  the  exifting  and  poflible 
exigencies  of  the  United  States,  admonilh  them  to  be  particularly 
cautious  at  this  jindlure,  of  any  mciifure  which  may  tend  to  hazard  or 
impair  their  credit 

Thefe  confidcrations  greatly  outweigh  the  advantage  which  is 
lugjTclted  as  an  inducement  to  the  meafure  (the  condition  refpedling 
v.liich  is  the  principal  circumllance  of  the  difference  between  the  prc- 
knl  iuil  former  ]>ro]ToliUo)is)  to  arife  from  an  invellment  of  the  fum 


[  4J  ] 

to  be  advanced  In  the  produfts  of  the  country ;  en  advantage  on 
which  perhaps  little  ftrefs  can  be  laid  in  the  prefent  and  probable  ftate 
of  foreign  demand  for  thefe  produds. 

The  motives  which  difluade  from  the  adoption  of  the  propofcd 
me^fure,  may,  it  is  conceived,  be  the  more  readily  yielded  to,  from 
the  probability  that  the  utility  of  it  to  France  might  not,  on  expe- 
riment, prove  an  equivalent  for  the  facrifices  which  fhe  might  have  to 
make  in  the  difpofition  of  the  bonds. 

All  which  is  humbly  fubmitted. 
C Signed)  ALEXANDER  HAMILTON,  Sec'ryoftheTreafury. 
Treafury  Department,  June  8,  1 793. 

jitrue  Copy,         (Signed)     TOBIAS  LEAR, 

Secretary  to  the  Prefuhnt  of  the  United  States. 

TRANSLATION. 

Philadelphia,  14th  ^unr,  I793« 
2d  year  of  the  French  Republic. 
The  Citizen  Genet,  Mlnl/ler  Plenipotentiary  of  the  Republic  of  France ,  to 
Mr.  Jejferfony  Secretary  of  State  of  the  United  States, 
Sir, 

IT  is  the  charafter  of  elevated  minds,  of  freemen,  not  to  expofc 
themfelves  twice  to  a  refufal.  I  have  requefted  you  to  make 
known  to  the  Prefident  of  the  United  States,  the  urgent  neccflitles 
of  the  French  Republic.  I  have  not  hidden  from  you,  that  having 
armed  near  a  million  of  foldiers,  they  have  experienced  a  confidcrable 
deficiency  in  their  produce  ;  and  that  they,  with  their  colonies,  wouhl 
be  configned  to  the  horrors  of  famine,  if  the  United  States  Ihould  not 
fumifh  them  on  account  of  thtir  debt,  a  part  of  the  fubfiftencc, 
which  they  want.  I  have  offered  you,  in  virtue  of  my  powers,  to 
take  in  payment,  in  default  of  money,  bills,  or  obligations  of  the  ftate, 
bearing  intereft  till  the  epoch  fijcd by  our  convention,  for  the  rcim- 
burfement  of  your  debt.  I  have  endeavoured  to  convince  you  of  the 
advantages  which  would  refult  from  this  operation  for  the  two  coun- 
tnes,  and  more  particularly  for  America,  at  a  time  when  they  have  a 
fuperabundance  of  grain  and  flour ;  but  obferving,  fir,  by  the  letter 
which  you  wrote  to  me  on  the  i  ith  June,  and  by  the  report  of  the 
Secretary  of  the  Treafury,  that  none  of  our  propofitions  have  been 
accepted  ;  without  entering  into  the  financial  rcafons  which  cpcrate 
this  refufal,  without  endeavouring  to  prove  to  you  that  it  tends  to  ac- 
complifli  the  Infernal  fyftem  of  the  king  of  England,  and  of  the  other 
kings  his  accomplices,  to  deftroy  by  famine,  the  French  republicani; 
and  liberty  ;  I  attend,  on  tie  prefent  occafion,  only  to  the  calls  of 
my  country,  and  as  its  neceflities,  and  thofe  of  the  colonics  become 
daily  more  preffing,  as  it  has  charged  me  to  provide  for  them  at  wl'.at- 
ever  price  it  might  be,  I  requeft  you,  fir,  to  inform  the  Prefident  of 
the  United  States,  that  being  authorifed  in  the  name  of  the  French 
Republic,  to  give  aflignments  to  the  American  merchants  or  farmers, 
ill  payment  of  the  provifions  they  may  fnrnifli,  from  the  want  of  new 


[  46  ],     . 

adv-ances  on  the  part  of  the  United  Stated)  I  rcqued,  in  order  to  Jjlace 
me  in  a  iituation  to  ufe  this  polver,  that  he  prefcribe  to  the  Secretary 
of  the  Treafury,  to  adjufl  with  me  immediately  the  amount  of  the 
debt  of  the  United  States,  to  France. 

The  expedient  to  which  I  am  about  to  have  recourfe,  will,  probably, 
be  onerous  to  the  French  nation  ;  but  as  the  federal  government  thinks 
it  may  take  on  itfelf  to  place  us  under  the  neceffity  of  employing  it, 
without  confulting  Congrefs  upon  fo  ifhportant  a  matter,  I  am  obliged 
to  follow  my  inllru&ions. 

GENET. 


Philaoelfhia,  June  19th,  1793. 
Mr.  jf'Jferfon,  Secrttary  of  State f  to  Citizen   Genet,  M'mifter  of  France. 
Sir, 

ACCORDING  to  the  defire  expreffed  in  your  letter  of  the 
14th  irtftant,  the  Prefident  will  give  the  inftrudlions  neceflary  for 
the  fettlement  of  the  inftalments  of  principal  and  intereil  flill  due  from 
the  United  States  to  France.  This  is  an  z&.  equally  juft  and  defirable  for 
both  parties  ;  and  although  it  had  not  been  ims^ned  that  the  materials 
for  doing  it  were  to  be  had  here  at  this  moment,  yet  we  fhall  be  pleafed 
to  find  that  they  may.  In  the  mean  time,  what  is  further  to  be  donet 
^ill  doubtlefs  be  the  fubje£l  of  further  reflexion  and  enquiry  with  you ; 
and  particularly  the  operation  propofed  in  your  letter,  will  be  viewed 
under  all  its  afpefls.  Among  thefe,  we  thit  k  it  will  prefent  itfelf  as  a 
meafure  too  queftionable  both  in  principle  and  pra£licability,  too 
deeply  interefting  to  the  credit  of  the  United  States,  and  too  unpro- 
mifing  in  its  refult  to  France,  to  be  found  eligible  to  youHelf« 
Finally,  we  r^il  fecure  that  what  is  of  mutual  concern,  will  not  be 
-done  but  with  mutual  concert. 

I  have  the  honour  to  be,  with  great  refpedl  and  eft«em, 

Sir,  your  moil  obedient,  and 
moll  humble  fervant, 

Th:  JEFFERSON. 


TRANSLATION. 

Philadelphia,  15th  June,  1793. 
2d  year  of  the  Republic. 
The  Citizen  Genet,  Mihi/ler  of  the  Republic  of  France,  to  Mr.  Jefferfon, 
Secretary  of  State  of  the  United  States. 
Sir, 

THE  Citizen  Hauterive,  conful  of  the  Republic  at  New-York, 
has  this  moment  informed  me,  that  a  difciifiion  has  arifen 
between  liim  and  the  government  of  the  ftate  in  which  he  refides, 
rcfpedling  the  Embufoade  frigate,  upon  a  point  of  right.  The  quef- 
tion  ia,  whether,  in  a  neutral  port,  an  arm^d  veflel  ought  to  allow  a 
truce  of  twenty-four  hours  to  enemy  vefTcls,  to  go  out  of  it  ?  The 
Citizen  Hauterive  received  a  formal  requifition  on  this  fubjedl,  from 
the  governor,  relative  to  tlie  departuj-e  of  the  EngUfh  packet,  who. 


•\ 


ler  to  t)laee 
le  Secretary 
mnt  i)f  the 

1,  probably, 
ment  thinks 
nploying  it, 
[am  obliged 

NET. 

th,  1793. 
r  of  France. 

itter  of  the 
neceffary  for 
:ill  due  from 
defirable  for 
the  materials 
ill  be  pleafed 
'  to  be  done« 
y  with  you ; 
11  be  viewed 
;nt  itfelf  as  a 
ability,  too 
I  too  unpro- 
o  yourfelf, 
wiU  not  be 

teem, 
kd 

IRSON, 


1793- 

|C. 


Jew-York, 

[has  arifen 

I  he  refides. 

The  quef- 

to  allow  a 

it?   The 

)jea,  from 

:ket,  who, 


[  47  ] 

wlthov.t  laying  pofitivcly,  that  llie  local  [•ovfininent  luul  a  riglit  t% 
hinder  the  frigates  going  out  before  the  expiration  of  the  truce  of 
twenty-four  liours,  and  that  he  would  ufc  fuch  right,  gave  him  to  un- 
derfland,  and  appeared  to  believe  that  it  was  univerfal. 

Tlu:  citizen  Hauterive,  Sir,  has  confined  himfc  f  lo  a  reference  of 
this  matter  to  me.  requcfting  inftruftions  on  the  fubjeft  for  himfclf  and 
the  Captain  of  the  frigate.  I  enclofe  herein  a  copy  of  thofe  which  I 
have  j.ift  tranfmitted  to  him.  They  have  been  drawn  up  on  mature 
examination  of  the  queilion  ;  and  though  my  opinion  differs  cflentially 
from  that  of  the  Governor  of  New-York,  I  am  pcrfuadcd  that  the 
Prefident  of  the  United  States,  after  having  taken  into  confideration 
the  authorities  and  reafonings  which  have  guided  me  in  tracing  to  the 
conful  of  the  Republic,  the  conduft  he  ought  to  purfue,  v/ill  tranf- 
mit  to  the  Governor  of  New- York,  orders  worthy  of  his  jultlce  and 

impartiality. 

GENET. 


TRANSLATION. 

Philadelphia,  June  15th,   1793. 
2d  year  of  the  PvCpublic  of  France. 
The  Citlxen  Genetf  Mtmjfer  Plenipotentiary  of  the  RepulTtc  of  France y  /• 
the  Citizen  Hauterive ^  Cot f til  at  New-Tor L. 

I   HAVE  read  with  great  attention,  Citizen,  the  report  you  tranf- 
mitted to  me  on  the  1 3th  of  this  month,  and  in  which,  after  hav- 
ing given  an  account  of  the  difcuifion  which  has  arifen  between  you  and 
the  Governor  of  New- York,  relative  to  the  frigate  of  the  Republic,  the 
Embufcade^  you  prefent  for  my  folution,  in  order  to  guide  your  future 
condu^,the  following  queftion,  which  gave  rife  to  it, to  wit:  "  Whether 
in  a  neutral  port, an  armed  veflel  belonging  to  a  belligerent  power,  fiiould 
allow  a  truce  of  24  hours  to  enemy-veflels,  dcfiring  to  go  out."     If  ic 
were  neceflary,  citizen,  to  commence  a  polemic  on  this  queftion,  I 
fhould  obferve  to  you  firft,  that  it  has  been  badly  ilated,  and  that  not 
only  the  duration  of  the  truce,  but  alfo  the  time  at  which  it  fliall 
commence,  (hould  have  been  defined  ;  but  this  inveftigation  is  fuper- 
fluoua.     The  queilion  which  you  propofc  to  me,  citizen,  is  long  hnce 
decided  by  the  European  powers,  who  have  regulated  with  each  other 
the  principles  of  neutrality.     Thefe  principles  may  to  be  found  in  the 
maritime  convention  of  tlie  northern  powers,  in  the  different  treaties  of 
commerce  which  thefe  fame  powers  have  mutually  entered  into  ;  in 
line,  in  thofe  which  Ruffia  has  concluded  with  France,  Auflria,  Por- 
tugal and  the  two  Sicilies,  and  none  of  thefe  entered  into  with  the  view 
to  favor  the  navigation  of  neutral  nations,  have  had  the  aukwardncfs 
to  make  mention  of  a  truce  to  be  given  by  the  armed  vefTels  of  tlie 
powers  at  war,  to  the  enemy-veffels  of  thofe  powers  which  may  be  found 
in  neutral  ports. 

The  firfl  of  the  four  maxims  of  neutrals  which  almoU  every  nation, 
England  excepted,  regards  as  the  palladium  of  commerce,  is  that  every 
reffel  may  navigate  freely  from  port  to  po^Lg[§n  the  coull*  of  nations' 


./ 


^p 


[  48  ] 

at  war.  This  right,  Ucrivcd  from  the  right  of  nature,  is  iKccfrarily 
reciprocal ;  the  powers  who  liavc  acceded  to  the  principlcu  of  the  iif  u- 
tndity,  have  never  contcllcd  it ;  and  I  cannot  tell  you,  citizen,  how 
much  ]  am  furprized  that  the  Governor  of  the  State  of  New-York, 
fhould  take  the  advantage  of  the  political  opinions  promulgated  by 
the  United  States,  to  fubJ2«il  our  vefTcls  of  war  to  an  indefinite  truce, 
wiiich  would  be  a  danpjerous  refiniint,  contraiy  to  the  letter,  to  the 
fpirit  of  our  treaties,  and  which  at  moil  could  be  required  from  aveffel 
(»f  an  i'-idifFerent  U.;te,  with  whom  neither  obligation  nor  engagement 
has  been  contracted. 

In  tlie  prefeiit  Ibte  of  thing^s,  citizen,  all  that  the  government  of 
tlie  United  Stute,«  c;\n  require,  is,  that  we  commit  no  hollility  againll 
our  enemies,  on  the  tcrritoiy  and  in  the  waters  of  the  United  States  ; 
and  in  renewinr;^  to  you  the  order,  attentively  to  obferve  that  our  vefTels 
attend  to  this  refevvation  ;  I  reeomjntnd  that  you  oppofe  with  energy, 
;vnaloj]^oup.  to  ihe  fenliments  of  friendflilp  which  we  have  avowed  to  the 
United  Stales,  e\ery  acl  or  every  Ikp,  which  would  deprive  our  veiltls, 
armed  or  unavuicd,  of  the  liberty  they  ought  to  enjoy  in  the  ports  of  the 
Uiiited  States,  in  virtue  of  our  treaties,  and  in  virtue  of  the  only  prin- 
ciples which  have  been  diplomatically  eflablifhed,  oa  the  rights  of  neu- 
tral nations, which,  as  I  iiave  already  faid,  being  founded  on  the  right 
of  nature,  the  bafis  of  the  rigiits  of  man,  implicitly  comprehend  reci- 
procity, an  elementary  condition  of  all  the  adls  di(Elated  by  equal  and 
impartial  juflice. 

Let  thofe  who  have  another  code  and  other  titles  to  prefent  to  us, 
produce  them  ;  ajid  in  the  mean  while,  the  Englifti  of  New- York,  in- 
ilcad  of  unreafonably  putting  themfelves  under  the  protection  of  prin- 
ciples which  their  government  has  always  difdained  to  acknowledge, 
and  which  it  has  violated  m  all  wars,  keep  themfelves  quiet,  or  run  the 
chance  of  failing  in  the  prefence  of  our  forces. 

Ccrl'tfitd  cofiformahle  io  the  originaly 

GENET. 


TRANSLATION. 

Philadelphia,   i8th  y«nf,   1793. 
2d  year  of  the  Republic. 
The  Citizen  Genefy  Mintfter  of  the  French  RepitlUci  to  Mr,  Jefferfont 
Secretary  of  State  for  the  United  States. 
Sir, 

I  HAVE  examined  the  corrcfpondence  which  has  taken  place  be- 
tween you  and  my  predeceffor,  relative  to  the  requlfition  of  funds 
which  he  has  madr  on  the  Fcdernl  Government,  to  pay  off  certain 
draughts  of  the  adininiilrators  of  Saint  Domingo,  and  to  procure  pro- 
viilons  for  that  colony.  I  pay  due  refpeft,  Sir,  to  the  juftnefs  of  the 
obfervations  which  :  ou  tranfmiued  to  the  Citizen  Ternant,  on  the 
fubjeft  of  this  requelt.  Forced  from  his  circumfptdlion,  by  the  pn  f- 
iwyr  inilanccj  of  the  adminillrators  of  St.  Domingo,  I  conceive  that 
this  requifitioii  mull  have  cmbarrafled  your  government  infinitely,  and 


[  49  ] 

under  thl»  view,  I  feel  all  the  oblijratlons  \vc  (>^^c  y«n,  for  having,  nil 
you  yourfelf  exprcffod  it,  ItTsi  ronfultid  piiulcnci:  than  frii-ndfhip,  in 
yielding  to  it.  You  have  with  projiricty  ivmark<<l,  Sir,  that  the  de- 
cree which  appropriated  for  the  necefTities  of  the  colonies,  four  millions 
fiuin  the  debt  of  the  United  StateHto  France,  not  bein^r  yet  trunfmitted 
to  the  federal  government,  in  the  ufual  otticial  form,  fhould  not  have 
an  application  fo  pofitivc,  fo  determined  as  that  which  the  commiffioncrs 
of  the  adminillration  of  Saint  Domlnpo  had  given  it  ;  and  that  it  was 
probable  the  mim'ltcrs  of  France  liad  had  rccourfe,  hi  order  to  fupply 
the  wants  of  this  colony,  to  operations  of  another  nature  than  thofe 
which  took  place.  In  hA,  Sir,  the  drafts  for  the  payment  of  which 
the  commilfioncrs  of-  Saint  Domingo,  prcffed  by  imperious  circum- 
ftances,  have,  in  fomc  degree,  obliged  the  citizen  Ternant  to  demand 
funds  of  you,  have  neither  been  authorized  by  the  National  Conven- 
tion, nor  by  the  Executive  Council ;  and  I  muil  even  inform  you,  that  I 
am  forbidden  to  pay,  out  of  the  funds  placed  at  my  difpofal,  any  other 
than  thofe  drafts  which  fliall  hrive  been  accepted  by  the  conful  La 
Foreft,  in  virtue  of  orders  from  my  predeceiror.  But,  on  my  arri\'al 
here,  I  was  informed  that  this  confid  liad  received  orders  from  the 
Minifter  Plenipotentiary,  to  regider  all  drafts  ifTued  by  the  admini- 
llration of  Saint  Domingo,  and  to  pay  them  out  of  the  new  funds  which 
the  federal  government  had  proviiionally  grantee!,  on  the  bafis  of  tliC 
decree  of  the  26th  June,  although  it  was  not  officially  notified.  I  have 
not  thought  proper,  Sir,  to  flop  fuddcnly,  the  payment  of  thefe  drafts, 
in  the  hope  that  the  mode  of  reimburfing  your  debt,  which  you  at  my 
requeil,  have  laid  before  the  Prefident  of  the  United  States,  would  be 
adopted  by  him,  and  give  me  the  means,  ill,  to  honor  the  drafts 
regiftered  by  my  predeceflbr,  ^he  payment  of  which  had  been  ordered 
by  him — 2dly,  to  provide  at  the  fame  time,  for  the  urgent  neccfiities 
of  France  and  her  colonies  :  But  having  been  deceived  in  my  expecta- 
tion by  motives  which  are  not  for  me  to  examine,  I  find  myfclf  de- 
prived of  the  advantage  of  conciliating  all  interefts,  and  conftrained  to 
obey  only  the  empire  of  circumllances,  which  prefcribe  me  to  fuf- 
pend  the  payment  of  the  colonial  drafts,  and  to  employ  the  funds 
deftined  for  their  acquittal,  to  the  purcliafe  of  provifions  for  France 
and  her  colonies.  This  arrangement.  Sir,  need  not  alarm  either  the 
bearers  of  the  regiftered  drafts,  or  thofe  of  the  other  drafts,  if- 
fued  and  not  regiftered,  of  the  adminiftration  of  Saint  Domingo,  and 
other  colonies  of  the  French  Republic.  The  nation  will  certainly  ful- 
fil towards  them  engagements  contraded  by  its  agents.  I  know  that 
they  have  deftined  particuliar  funds  for  this  purpofc.  I  alfo  know  that 
ihe  colonies  have  made  contributions  ih  kind,  to  fulfd  their  obliga- 
tions, and  provide  themfelves,  for  a  part  of  their  want,!,  and  it  is  accord- 
ing to  thefe  ideas,  that  I  have  determined  to  have  inferted  in  the  pub- 
lic papers,  the  inclofed  information,  the  intention  of  which  is  to  calm 
inquietudcR  of  the  bearers  of  the  drafts  which  I  am  obliged  to  fet 
afide,  and  to  encoui-age  the  citizens  of  the  United  States  to  continue 
to  cany  fuccour  to  their  brothers  the   French   Republican!  of  the 

G 


[  50  ] 

AiillUiit,  wlh,»fi'  fiKc  dfpftuls  on  this  ffciicroua  ad  ;  without  wliuh  tlif 
I'VciK'h  ciilonicH  will  he  rcdiici'd  by  hiniinc  to  put  thcmfclvcti  under  a 
j'/>vi.rununt  wliofc  conmicrcial  principlca  would  nof  afTurcdly  be  fo 
advauiajjc'ouH  to  the  TJnlttd  States,  as  tiiofc  which  an  enlightened 
policy  and  unlimited  attiithment  fur  the  American  people  have  led  u» 
to  embrace. 

GENET. 


Citizen  Cctiett  Afinijlcr  Plfiilpotintiitry  of  the  Finuh  RepuUtCyto  the  Citi- 

K.'.'j  oj  the  Uniud  iu'ii/a, 

WHEREAS  fcvcral  American  citi/.ens  who  have  furnifhed  pro- 
vifions  to  the  c  )lonies  of  the  Viench  Republic  in  the  Wcll- 
liulies,  have  received  bills  drawn  by  the  ndmliiiltrators  of  the  rcfpec- 
tive  colonies  on  Citi/cn  La  Fored,  late  Conful- General  of  the  Republic 
ill  the  United  States,  and  lately  on  myfcif,  in  payment  for  fuch  fup- 
j>HCs.  I  inform  them  that  tliefe  drafts  will  certainly  be  paid  ;  the 
National  Convention  havinjj  appropriated  large  fum8  for  that  objeft. 
But  as  1  am  not  yet  authori/ed  to  difcharge  them,  I  can  only  in  the 
mean  while,  advile  the  holders  of  fuch  bills  as  have  not  yet  been  regif- 
Icred  by  citizen  La  Forell,  to  have  them  recorded  in  the  office  of  Citi- 
zen Dupont,  Conful  of  the  French  Republic  at  Philadelphia,  in  order 
to  afcertain  the  dates  of  their  prefentation  ;  at  the  fame  time  I  cannot 
too  much  encourage  the  citizens  of  the  United  States,  to  continue  to 
aflirt,  with  unremitting  exertions,  their  republici.  i  brethren  of  the 
French  Weft-Indies,  whofe  exillence  from  the  liberal  principles  adopted 
by  the  National  Convention,  with  regard  to  the  colonies  of  the  French 
Republic,  muft  eflcntially  contribute  to  th«  profperity  of  the  United 
States.  The  American  citizens  may  reft  afliired,  that  the  moft  effica* 
cious  meafure;^  have  been  taken  as  well  in  France  as  in  the  colonies,  to 
protect  their  property  in  all  the  ports  of  the  Republic,  and  to  enfure 
to  them  a  prompt  payment  for  their  fupplies  in  calh  or  in  merchandize, 
and  at  the  fame  time  to  fecure  to  them  the  enjoyment  of  thofe  favors 
which  the  National  Convention  has  lately  granted  to  the  citizens  of  the 
United  States,  which  aifimilate  them,  in  refpefl  to  commericial  advan- 
tages, to  the  citizens  of  France. 

Philadelphia^  June  17,  1793,  2d  year  of  the  French  Republic, 


Philadelphia,  jfune  i^d^  1793. 
Mr.  jfffferforty  Secretary  of  Slater  to  Citizen  Genets  Mini/ler  Plenipotentiary 

of  France, 
Sir, 

IN  anfwer  to  youi' letter  of  the  i8th  inftant,  on  the  fubjeft  of  the 
bill*  drawn  by  th^  admiftration  of  St.  Domingo,  in  favor  of  cer- 
tain citizens  of  the  United  States,  I  am  inftrudted  to  inform  you,  that 
the  funds  therein  mentioned  have  been  fo  clearly  undei-ftood  on  all 
hands,  to  be  fpecially  appropriated  for  the  payment  of  the  bills,  which 
were  recognized  by  the  former  agents  of  France  here,  as  to  be  inca- 
|>uble  of  being  diverted,  without  difappointing  the  juft  expcAations  of 
our  citizens,  holders  of  thofe  bills. 


lout  \vlnv.h  tlir 
[ifcIvcH  uiulcr  A 
afliircdly  be  fo 
in  enlightened 
pie  have  led  U9 

E  N  E  T. 

il/icf  to  the  Clt't" 

furnifhed  pro- 
:  in  the  WeU- 
of  the  rcfpec- 
)f  the  Republic 
:  for  fuch  fup- 
bc  paid  ;  the 
or  that  objeft. 
:an  only  in  the 
yet  been  regif- 
e  office  of  Citi- 
elphia,  in  order 
:  time  I  cannot 
to  continue  to 
rethren  of  the 
iciples  adopted 
of  the  French 
of  the  United 
le  moll  effica- 
le  colonies,  to 
and  to  enfurc 
merchandize, 
f  thofe  favors 
citizens  of  the 
nerlcial  advan- 

epubtie, 

3^»  »793; 
Plenipotentiaiy 


Hfubjeft  of  the 
favor  of  cer- 

[rm  you,  that 

lood  on  all 

bills,  which 

to  be  inca- 

)c£lations  of 


[5-] 

Indeed  the  government  has  been  fo  much  a  party  In  countenancing 
tholV  expectations,  as,  in  lucii  an  event,  to  lie  under  an  obligation,  in 
point  of  propriety,  to  fatisfy  the  parties  themfelves  to  tlie  extent  of  the 
kalance,  which  yet  rem.alns  to  be  advanced. 

/  have  the  honor  to  be^  luith  great  andf.nrere  ejieem^ 

6'irf  your  mojl  obeil'unt  auii 

tiujl  humble  firvaiitf 
Th:   JEFFERSON. 

Philadelphia,  ^une  23d,  1793. 
Jifr.  Jejferjorty  Secretary  of  SttUe^  to  Citizen  Genet ^  Alini/ier  Pletiipoten- 

tiary  of  France. 
Sir, 

I  HAVE  the  honor  to  inform  you,  tliat  in  confequcnce  of  the  ge- 
neral orders  given  by  the  Prefident,  a  privateer  fitted  out  by  Eng- 
Hfh  fubje^s  within  the  Hate  of  Georgia,  to  cruize  agalnll  the  citizens 
of  France,  has  been  feized  by  the  Governor  of  Georgia,  and  fuch  legal 
profecutions  are  ordered,  as  the  cafe  will  julllfy.  I  beg  you  to  be 
aflured,  that  the  government  will  ufe  the  utmoll  vigilance,  to  fee,  that 
ihe  laws,  which  forbid  thefe  enterprizes,  are  carried  into  execution. 
/  have  the  honor  to  bcy  with  great  and  fincere  efieem^ 

Sir,  your  mojl  obedient  and 
mofi  humble  fervant, 
Th:   JEFFERSON. 


S  I  ft, 


TRANSLATION. 

Philadelphia,  ^January  25th,  1793. 
2d  year  of  the  Republic  of  France. 


I  LEARN  with  infinite  pleafure,  by  your  letter  of  the  a3dof  thii 
month,  that  the  govemmeitt  of  Georgia  have  caufed  to  be  itopped, 
a  veflel  armed  in  that  Hate,  for  the  purpofe  of  crulling  againil  the 
French,  and  that  the  pcrfons  Interelled  in  this  veflel  will  be  profe- 
cuted. 

It  is  to  be  wifhed.  Sir,  that  the  fame  watchfL^nefs  and  firmnefs 
may  be  employed  in  all  the  Hates  of  the  union  ;  for  you  will  obfervc 
by  the  enclofed  reports  of  the  confuls  of  the  Republic  at  Charlefton, 
at  Baltimore,  at  Philadelphia,  and  at  N^;w-York,  that  many  enemy-t 
veflels  have  been  armed  there,  have  entered  anned,  remained  there,  and 
have  gone  out  from  thence  armed,  in  contempt  of  our  treaties  ;  whilU 
in  virtue  of  inftru^Ions  from  the  Prefident  of  the  United  States,  the 
French  adventurers,  who  have  been  able  to  put  themfelves  in  a  Itatc 
of  defence,  in  the  ports  of  their  allies,  in  order  to  go  out  without  dan- 
ger, and  to  fulfil  otherwife,  according  to  circuinftances,  the  duties  of 
a  citizen  againfl  the  enemies  of  the  flate,  are  purfued  with  rigour. 

Accept,  Sir,  my  ejleem  and  refpe8, 
GENE  T. 

*  An  error  for  J^une^ 


[  5-  ] 

Philadelphia,  25th  June,  1795. 
2d  year  of  the  French  Republic. 
ExtraSs  from  the  Reports  of  the  Confuh  and  Vice-Confuls  of  the  French 
Republici  at  Char/e/^on,  Baltimore^  Philadelphia  and  Neiu-Tori,  to 
Citizen  Genet, 

Charleston,  from  the  24th  May  to  6th  June. 

ABERMUDIAN  veflel  has  purchafed  4  cannon  in  this  port,  to 
proteA  her  in  returning. — A  Dutch  veflel  which  entered  this 
port  without  guns,  lias  failed  with  14 — Englifh  veflels  have  been  in  hkc 
planner  armed  here. 

Baltimore,  2 ill  June. 

AN  Englilh  veflel  called  the  Truft;y,  Captain  Hale,  has  been  pub- 
licly armed  as  a  privateer  in  this  port,  by  Mr.  Hirland*  of  this  city. 
The  Vice-Conful  has  complained  of  it  to  the  Governor  and  Attorney- 
General  of  the  ftate  of  Maryland. 

Philadelphia,  21ft  June,  1793. 

A  BERMUDIAN  veflel  belonging  to  the  fubjeas  of  the  king  of 

'  England,  mounting  twelve  cannon,  purchafed  in  this  city,  failed  on 

the  2d  inil.     There  had  failed  fome  days  before,  an   Englifli  armed 

veffel  of  four  guns.    The  cunful  had  not  been  informed  of  them  before 

(he  date  of  this  report. 

New-York,  i 8th  June,  1793. 

THE  SwalloMT,  an  Englifli  letter  of  marque,  commanded  by  Capt. 
Sion,  anned  with  eight  cannon  and  twenty  men  at  leall,  and  appearing 
to  be  about  1 50  tons  burden,  has  anchored  fo  long  in  this  port,  as  to 
exclude  the  idea  of  her  having  entered  in  diflrefs  ;  though  the  1 7th 
article  of  the  treaty  of  commerce  between  France  and  America,  for- 
mally excludes  from  the  ports  of  both,  the  enemy  veflels  which  fhall 
have  made  prizes ;  and  every  Englifli  privateer  which  enters,  is  autho- 
rized by  the  Englifli  goverament  to  take,  burn,  and  deilroy  our 
veflels. 

It  has  always  remained  a  queftion,  whether  an  armed  vefltl  of  that 
nation  on  filtering,  has  executed  tliofe  orders  or  not.  The  conful 
^Hauten've  has  tranfmitted  thofe  obfervations  to  the  governor  of  the 
ftate  of  New- York,  giving  him  to  underftand,  that  cveiy  veflel  armed 
for  war,  and  belonging  to  our  enemies,  being  fubjeft  to  the  exclufion 
contained  in  our  conventional  laws,  fliould  be  obliged  to  go  out  of  the 
port  ef  New- York. 

Other  reports  have  come  to  the  knowledge  of  Citizen  Genet,  by 
indirect  channels,  that  feveral  other  armaments  have  been  made  by 
the  enemies  of  the  Republic  in  American  portu,  and  that  thofe  vel- 
fels  hivve  taken  on  board,  without  oppoiition,  a  great  number  of  tories, 
citi/.eus  of  the  United  States,  while  fome  good  whigs,  friends  of 
France,  v/ho  have  taken  part  in  her  caufc  on  board  her  veflels,  have 
been  arrefled  and  thrown  into  prifon,  whence  the  Citizen  Genet  has 
not  yet  been  able  to  liberate  them  «it'iout  fccurity. 

Certified  conformable  to  the  reports  which  have  been  made  to  me 
the  Miniiler  Plenipotentiary  of  the  Republic  of  France. 

*  Suppofid Ireland. 


[  53  ] 

Philadelphia,  June  30th,  I793» 
Mr.  Jtffitrjony  Secretary  of  StatCy  to  Citizen  Genet,  Miniftcr  Flenipo* 

tentiary  of  France* 

SiK, 

I  HAVE  to  acknowledge  the  receipt  of  your  favour  of  the  25th 
inftant  on  the  fubjedl  of  veflels  belonging  to  the  enemies  of  France, 
which  have  procured  arms  within  our  ports,  for  their  defence.  Thofe 
from  Charlcfton  and  Philadelphia  have  gone  off  before  it  was  known 
to  the  government ;  and  the  former,  indeed,  in  the  firft  moments  of  the 
war,  and  before  preventive  meafures  could  be  taken  in  fo  diflant  a 
port.  The  day  after  my  receipt  of  your  letter,  the  communications 
now  enclofed  from  the  governor  of  Maryland  came  to  hand,  and  pre- 
vented our  interference  on  the  fubjed.  of  the  Trufty,  Capt.  Hale,  a 
veflel  loaded  with  flour  and  lumber,  and  bound  to  Barbadoes.  You 
will  perceive  by  the  papers,  that  the  Governor  of  Mar)'land  had  got 
information  that  (lie  was  buying  guns,  and  had  given  orders  for  the 
examination  of  the  fad,  but  that  flie  got  oiF  before  the  officer  could 
get  on  board,  having  cleared  out  three  or  four  days  before.  It  appears 
that  fhe  was  of  300  tons  burden,  and  had  mounted  four  fmall  guns. 
The  cafe  of  the  Swallow  is  different  from  any  thing  which  has  yet 
been  prefented  to  the  Prefident,  which  (hall  be  fubmitted  to  him  on 
his  return,  and  no  doubt  will  meet  his  earlieft  attention  and  decifion. 

I  have  the  honour  to  be,  &c. 

Th:  JEFFERSON. 

Extras  of  a  letter  from  the  Governor  of  Maryland,  to  the  Secretary  at 

War. 
"  Maryland,  Annapolis,  June  22,  1793. 
««  IN  COUNCIL. 
Sir, 
**    'TT'  HE  enclofed  copies  of  a  letter  written  by  this  board  to  the 
X     coUeftor  of  the  cuitoms  at  the  port  of  Baltimore,  and  of  the 
anfwcr  thereto  which  we  have  juft  received  from  his  deputy,  will  fuf- 
ficiently  explain  the  ilril  cafe  which  has  feemed  to  call  for  our  inter- 
fcrence    fmce  the  receipt  of  your   communications  refpedUng   the 
fitting  out  of  fighting  veffels  within  our  jurifdidlion. 

"  You  will  fee,  Sir,  that  moft  probably,  through  a  ftep  not  contem- 
plated by  us,  that  of  the  officer's  applying  to  Mr.  Ireland  himfelf  for 
the  information  we  defired,  the  (hip  has  got  out  of  our  reach.  We 
can  therefore  only  endeavour  to  be  better  prepared  for  future  oc- 
currences of  this  kind,  which  we  are  told  may  be  expe<fled  at  the 
fame  place." 


(Copy)  IN  COUNCIL,  20th  June,  1793. 

Sir, 

A   REPORT  has   reached  this  board,  that  a  Britifh  (hip,  con- 
figned  to  Mr.  Ireland,  is  preparing  for  fea  in  the  port  of  Bal- 
timore, and  is  to  mount  twelve  pieces  of  ordnance,  which  (he  did  not 


Cs+J 

bring  into  the  country,  and  which,  as  it  appears  to  us,  cannot  be  car- 
ried from  hence  to  any  of  the  ports  of  any  of  the  European  power* 
at  war,  without  a  deviation  fipom  the  neutrality  profcffcdby  the  United 
States,  even  fuppofing  tkat  no  ufe  is  intended  to  be  made  of  them  by 
the  way  ;  but  as  thofe  guns  are  not  taken  as  an  article  of  merchan- 
dife,  but  are  according  to  our  information  mounted  profeiTedly  for  the 
defence  of  the  veflll,  we  can  by  no  means  be  certain  that  they  are  not 
aUo  deligned  for  oiTcnilve  meafures ;  on  which  fuppofition  it  would 
become  our  duty  to  interfere  efFc<ilually,  fo  as  to  prevent  the  departure 
of  the  (hip,  until  the  Prefident  could  be  made  acquainted  with  the 
circumftances.  Our  information  is  at  prefent  too  vague  to  form  a  fuf- 
ficient  ground  for  an  immediate  interference.  We  therefore  make  it 
our  requelt,  that  you  would  immediately  on  the  receipt  of  this  letter, 
coIle6^  all  the  fa6ls  you  can,  with  regard  to  the  arming,  loading,  man- 
ning, and  dellination  of  this  vefTel,  and  without  lofs  of  time,  tranfmit 
to  this  board  the  refult  of  your  enquiries,  in  order  that  we  may  then 
determine  whether  this  comes  within  the  defcription  of  cafes  in  which 
we  are  initrudlcd  by  the  executive  power  of  the  United  States  to 
interfere.  We  are,  8cc. 

(Signed)         THOMAS  S.  LEE. 
To  the  CoUeSor  of  the  CuJIonu  at  the  port  of  Baltimore. 

Baltimore,  June  21,  1793. 
His  Excellency  Thomas  S.  Lee^  Efquire, 

THE  colleftor  of  the  culloms  being  abfent  in  the  country  for 
the  benefit  of  his  health,  I  have  the  honour  of  receiving  your 
excellency's  communications  refpedling  a  Britifh  (hip  faid  to  be  pre- 
paring for  fea,  in  an  offenfive  fituation,  inconfident  with  the  tenor  of 
the  Prefident's  proclamation,  and  the  neutrality  of  the  United  States. 
I  prcfiune  that  the  (hip  Trufty,  John  A.  Hale,  mafter,  is  the  veflTel 
alluded  to;  (he  arrived  at  this  port  from  Barbadoes,  on  the  firft 
day  of  March,  and  cleared  for  the  fame  idand,  on  the  feventeenth  of 
the  prefent  month,  her  cargo  conlilling  of  flour  and  lumber. 

Mr.  Ireland  informed  me  that  (lie  mounts  four  fmall  guns,  that  her 
crew  con(iited  of  twenty  men  when  (he  arrived,  and  that  (he  had  not 
more  than  feventeen  on  board  when  (he  cleared.  She  is  upwards  of 
three  hundred  tons  burden. 

Vague  report,  however,  differing  from  the  preceding  account,  I 
determined  to  go  on  board  the  (hip  for  the  purpofe  of  obtaining  ac- 
curate information,  but  was  prevented  by  her  getting  under  way,  and 
proceeding  down  the  river  on  her  intended  voyage. 

I  have  the  honor  to  be  your  Excellency's 

very  humble  fervant, 
(Signed,)  D.  DELOSIER,  Deputy-ColUaor, 

His  Excelleti'y  Thomas  S.  Lee^  Efq.  Governor  of  Maryland, 


[  ss  ] 


cannot  be  car- 


Philadelphia,  June  25,  1793. 
Mr.  ^efferfotiy  Secretary  of  State ^  to  the  M'lmjler  Plenipotentiary  from  the 
Republic  of  France  to  the  Untied  States. 
Sir, 

IN  the  abfence  of  the  Prefident  of  the  United  Str.tes,  I  hnve  con- 
fulted  with  the  Secretaries  of  the  Trcafury  and  War,  011  the  fub- 
jeA  of  the  fliip  William,  and  generally  of  vcfltis  fuggefted  to  be  taken 
within  the  limits  of  the  proteftion  of  the  United  States,  by  the  armed  vcf- 
fels  of  your  nation,  concerning  which  I  had  the  honor  of  a  converfation 
with  you  yellerday  ;  and  we  are  fo  well  affured  of  the  Prcfident*s  way  of 
thinking  in  thefe  cafes,  that  we  undertake  to  fay,  it  will  be  more  agree- 
able to  him,  that  fuch  veflels  fliould  be  detained  under  the  orders  of 
yourfclf,orof  the  confuls  of  France  in  the  feveral  ports,  until  the  govern* 
mcnt  of  the  United  States  (hall  be  able  to  enquire  into,  and  decide  oa 
the  fads.  If  this  arrangement  (hould  be  agreeable  to  you,  and  you 
will  be  pleafed  to  give  the  proper  orders  to  the  feveral  confuls  of  your 
nation,  the  governors  of  the  feveral  ftates  will  be  immediately  in- 
fti-udled  to  defire  the  conful  of  the  port,  to  detain  veflels  on  whofe  be- 
half fuch  fuggeftions  (hall  be  made,  until  the  government  fhall  decide 
on  their  cafe.  It  may  fometimes,  perhaps,  happen,  that  fuch  veflels  arc 
brought  into  ports  where  there  is  no  conful  of  your  nation  refident,  nor 
within  any  convenient  diflance.  In  that  cafe,  the  governors  would 
have  to  proceed  to  the  a£l  of  detention  themfelves,  at  leait  until  a 
conful  may  be  called  in. 

I  have  the  honor  to  he,  with  much  refpeft,  Sir, 


Your 


i.lO. 


'-•  d'ent,  and  moll  humble  fervant, 
.tied)  Th  :  JEFFERSON. 


..)« ; 


T*R  ANSL  ATION. 

Philadelphia,  26th  June,  1793. 
2d  year  of  the  French  Republic. 
The  Citizen  Genet.,  Minijler  Plenipotentiary  of  the  RepulUc  of  France, 
to  Mr.  yejfferfon^  Secretary  of  State  of  the  United  States. 
S  I  R, 

THE  letter  which  you  have  done  mo  the  honor  to  write  lince  the 
departure  of  the  Prefident  of  the  United  States,  contains  dif- 
pulitions  worthy  of  your  wifdom,  and  of  the  fentiments  which  charac- 
terife  you.  The  arrangement  which  you  pro]jofe,  Sir,  fuits  us  in  every 
refpeft  :  I  fliall  communicate  it  to  tlu-  confuls  and  vice-coufuls  of 
the  Republic,  and  in  recommend!ni(  them  to  couform  to  it,  I  fluill 
add  to  the lnItru«^lions  already  given  i>n  the  fnbjccl  of  jnl/cs,  new  re- 
guLitions,  the  ri<rid  execution  of  which  will  prove  t«)  tlie  tedeval  1^(1. 
vernment,  that  we  regard  it  as  the  fivll  uf  our  diiliis  to  refpcct  all 
the  rights  of  fovercignty  of  the  United  Slates;  to  undertJikc  noiliin- 
that  may  be  difagreeable  to  them  ;  uiu!  io  unite  all  our  tflorts  to  per- 
petuate and  to  cement  more  and  inoiv  tlio  coimcdiuas  whicli  i'o  happiK 
■»n'te  our  two  Rennblics. 


A 


[  56  1 

Philadelphia,  June  29th,  1793. 
Mr.  Jefferfottt   Secretary  of  State,   to  the  Min'tfler  Plenipotentiary  of 

France* 
Sir, 

THE  perfons  who  reclaimed  the  fliip  William,  as  taken  within 
the  limits  of  the  proteftion  of  the  United  States,  having  thought 
proper  to  carry  their  claim  firft  into  the  courts  of  admiralty,  there 
was  no  power  in  this  country  which  could  take  the  veflcl  out  of  the 
cuftody  of  that  court,  till  it  ftiould  decide  itfelf  whether  it  had  jurif- 
didlion  or  not  of  the  caufc  ;  having  now  decided  that  it  has  not  jurif- 
diclion,  the  fame  complaint  is  lodged  with  the  executive. 

I  have  the  honor  to  enclofe  you  the  teftimony  whereon  the  com- 
plaint  is  founded.  Should  this  fatisfy  you  that  it  is  juft,  you  will  be 
^o  good  as  to  give  orders  to  the  conful  of  France  at  this  port,  to  take 
the  veflel  into  his  cuftody  and  deliver  her  to  the  owners.  Should  it 
be  over-weighed  in  your  judgment,  by  any  contradiftory  evidence, 
which  you  have,  or  may  acquire,  I  will  afk  the  favor  of  a  communi- 
cation  of  that  evidence,  and  that  the  conful  retain  the  veflel  in  his 
cuftody  until  the  executive  of  the  United  States  confider  and  decide 
finally  on  the  fubjedl. 

/  have  the  honor  to  be,  with  much  refped. 

Sir,  your  mojl  obedient  and 

mojl  humble  fervantf 
Th:  JEFFERSON. 

Maryland,  Saint  Mary's  County,  Jf. 

BENEDICT  WHEATLEY,  of  Saint  Mary's,  regularly  admit- 
ted and  qualified  as  a  branch  pilot  for  the  Chefapeake-Bay,  and 
Potowniac  river,  being  duly  fworn,  depofeth  and  fayeth,  that  on  Fri- 
day the  third  day  of  May  laft  paft,  being  on  the  look-out  for  inward 
bound  veflels,  fell  in  with  the  ftiip  William,  James  Leggat,  mafter, 
from  Germany,  bound  to  Potowmac,  about  nine  miles  to  the  eaftward 
of  Cape  Heniy :  he  immediately  took  charge  of  the  (hip  as  pilot ;  and 
after  being  on  board  for  one  hour,  and  running  into  the  mouth  of  the 
bay,  with  a  leading  wind,  a  fmall  fchooner  hove  in  fight,  coming  out 
from  the  capes,  (he  run  up  along  fide,  fired  one  gun,  and  hailed  the 
(hip ;  Captain  Leggat  hoifted  his  Engli(h  enfign,  on  which  he  was 
ordered  from  the  fchooner  to  ftrike  ;  the  colours  after  fome  time  was 
hauled  down,  and  a  boat  from  the  fchooner  with  a  lieutenant  and  fix 
or  feven  men,  came  on  board  and  took  pontfllon  of  the  fhip,  as  a  pnze 
to  the  fclioonerCiiiciniu'.tiis  ;  a  pri/e-niader  was  ordered  on  board,  and 
ail  the  hands  of  the  (hip  were  put  on  board  the  fchooner,  e::cept  the 
cai-pcntcr  and  two  or  three  hands. 

After  the  capture,  an  euquiiy  was  made  of  the  deponent  what  courfr 
would  clear  the  middle  gjound.  The  neccfi'ary  infonnation  was  given, 
and  he,  the  deponent,  after  being  offered  a  confiderable  reward  to  carry 
the  fliipto  Philadelphia,  declined  it,  and  was  put  on  board  a  pilot  boat 
that  came  alongfideat  the  time. 

The  deponent  further  fayeth,  that  heunderllood  from  the  captor!^, 


[  57  ] 

that  the  fchooner  was  from  Charkfton,  South-Carolina,  and  commir- 
fioned  at  that  place  by  the  French  Ambaflador,  lately  arrived  from 
France ;  that  the  captain,  whom  the  deponent  did  not  fee,  was  faid  to 
be  a  Frenchman,  but  all  the  men  that  boarded  the  (hip  appeared  to  be 
Americans  or  Englilh.  She  mounted  four  guns,  and  carried  about 
fifty  men  ;  he  further  fayeth,  that  at  the  time  the  (hip  was  boarded, 
the  diftance  from  the  (hip  to  the  light-houfe  on  Cape  Henry,  did  not 
exceed  five  miles  at  the  utmoft.  The  deponent  enquired  what  diftance 
from  the  land  they  were  authorized  to  take  prizes ;  he  was  anfwered 
not  lefs  than  nine  miles ;  on  which  he  replied  that  the  (hip  at  the  time  of 
capture  was  not  half  that  diftance  from  the  light-houfe,  on  Cape  Henry. 

his 
BENEDICT  X   WHEATLEY. 
mark. 
Sworn  before  me  the  fu^^Jcriber,  one  of  the  juftices  of  the  peace  for 
the  county  and  (late  aforefaid,  this  eighteenth  day  of  May,  one  thou- 
fand  feven  hundred  and  ninety-three. 

M.  JONES. 
State  of  Marylandy  Saint  Mary's  C0unty,  to  •wit : 
Thefe  are  to  certify  that  Mordecai  Jones,  Efquire,  before  whom  the 
within  depofition  was  made,  and  who  in  witncfs  thereto  appears  to 
have  fubfcribed  his  name,  was,  at  the  taking  and  fubfcribing  the  fame, 
and  now  is,  one  of  the  juftices  of  the  peace  of  the  ftate,  and  fur  the  coun- 
ty aforefaid,  thereunto  duly  authorized,  commiflloned  and  fwom  ;  and 
that  to  all  certificates  of  probates  before  him  made,  an<J  by  him  fign- 
ed,  due  faith  and  credit  is  and  ought  to  be  given,  as  well  in  juftice 
court  as  thereout. 

In  teftimony  whereof,  I  have  hereunto  fct  my  hand  and  affixed  the 
public  fcal  of  office  for  Saint  Mary's  county  court,  this  twentieth  day  of 
May,  annoque  Domini,  one  thoufaiid  feven  hundred  and  ninety-three. 

TIMOTHY  BOWES,  Clerk  of 
Saint  Mary''s  County  Court. 

BY  this  public  inftrument  of  proteft  be  it  made  known  and  mani- 
feft  unto  all  who  fhall  fee  tiicfc  prefcnts,  or  hear  the  fctme  read, 
that  on  the  eighteenth  day  of  May,  in  the  year  of  our  Lord,  one  titou- 
fand  ftven  hundred  and  ninety -tlnce,  before  me,  Afsheton  Humphreys, 
notary  and  tabelHon  public,  in  a-.id  for  the  coininonwealth  of  Pennfyl- 
vania,  by  lawful  authority  duly  adinltteJ  and  fwoni,  dwelling  in  the 
city  of  Philadelphia,  in  the  faid  coinmcnwe;'lLli,  perfoniJly  appeared 
James  Legget,  late  mnfter  of  the  flilp  WlUiiim,  now  In  this  port  of 
Philadelphia,  John  Whvlei:cle,  laf  e  chief  rr.v.te  of  the  faid  (hip,  James 
Ramfey,  fecond  mate,  and  James  Ma.ifon,  boatrwaln,  belonging  to 
the  faid  (hip,  and  being  feverally  fworn  on  the  Holy  Evangelilts  of 
Almighty  God,  did  reipcdively  depofe,  leftlfy,  declare,  and  fay  >n 
manner  following,  that  Is  to  fay  :  that  on  cr  aboiit  the  hxteenth  day 
of  Fchruaiy  lall,  they  fdlled  In  and  with  the  faid  Oiip  from  Bremen, 
upon  the  ri'ver  Wcfcr,  wltii  the  wind  at  north-tiill,  bound  on  a  vovagc 

H 


m 


[  58  J 

to  Maryland,  in  North-America,  and  on  the  2  2d  day  of  the  fame 
month,  came  to  anchor  at  Stramnefv,  in  tlie  Orcades,  with  a  contrary 
wind  ;  that  on  the  twcnty-feventh  day  of  March  laft,  they  failed  from 
Stramnefs  aforefaid,  with  the  wind  ai  foulh-caft,  and  on  the  twenty- 
firft  day  of  April  latt,  the  wind  blowing  very  hard  fplit  the  forefail, 
which  obliged  them  to  lay  the  (hip  to  with  the  reefed  main-fail,  the 
wind  being  at  weft  and  by  fouth  ;  that  on  the  twenty-ninth  day  of  April 
aforefaid,  being  then  in  the  latitude  thii  ty-fix  degrees  thirty 4ix  minutes 
north,  a  heavy  gale  of  wind  blowing  from  the  fouth-eaft,  fplit  the  main- 
top-fail, and  on  the  thiixl  day  of  May  inttant,  at  two  o'clock,  P.  M. 
they  got  a  pilot  on  board,  and  at  four  o'clock,  P.  M.  of  the  fame 
day,   the  faid  (hip  being  then  about  two  miles  off  the  light-houfe  at 
Cape  Henry,  in  five  fathom  water,  and  as  near  the  (hore  as  the  pilot 
on  board  judged  it  proper  to  go,  the  privateer  fchooner  Genet,  com- 
manded by  Peter  Joanna,  from  Charlefton,  fired  one  gun  at  the  faid 
Ihtp  William,  and  defired  them  to  hawl  down  their  colours  and  heave 
the  ftu'p's  head  to  the  eaftward,  the  faid  light-houfe  then  bcaritig  welt 
ncirth-wcft  ;  that  the  commander  of  the  faid  privateer  then  took  out 
of  the  faid  (hip,  the  faid  malter,  chief  mate,  fecond  mate,  boatfwain, 
four  of  the  feamen  belonging  to  the  faid  fliip,  and  .me  paffenger,  all 
of  whom  were  put  on  board  the  faid  piivateer,  and  a  prize  mailer  and 
feven  people  were  put  on  board  the  faid  (hip,  and  the  faid  (hip  fent  up 
to  this  port  of  Philadelphia,  where  (he  now  lays ;  and  thefe  appearers, 
with  the  faid  privateer,  arrived  at  this  port  of  Philadelphia,  the^four- 
teenth  day  of  May  inftant,  at  about  four  o'clock  in  the  morning,  fince 
which  they  have  been  let  one  by  one,  alternately,  on  fliofc,  until  this 
day,  when  all  of  them  being  on  (hore,  they  took  the  opportunity,  it 
being  the  firft  they  have  had,  of  protefting  againil  the  capture  of  the 
faid  (hip  William.     When  fore  the  faid  James  Legget,  John  White- 
fide,  James  Ramfay,  and  James  Manfon,  for  themfelves,  their  owners, 
freighters,  merchants,  mariners,  and  all  others  interefted  or  concerned 
in  the  faid  (hip,  or  her  cargo,  have  protefted,  and  by  thefe  prefents  do 
folemnly  proteft  againft  the  capture  of  the  faid  (liip  William,  by  the 
faid  privateer  fchooner  Genet,  and  againft  all  loflTes,  cofts,  charges,  da- 
mages, breaches  of  bills  of  lading,  contrails,  covenants,  arid  agreements 
whatfoever,  already  fuffercd,  fultained,  or  occafioned,  or  which  (hall  or 
may  hereafter  be  fuffered,  fuftained  or  occafioned,  by  reafon  or  means 
of  the  premifes,  and  againft  all  incidents  and  confequences  thereof, 
and  perfiiting  in  the  faid  proteft,  they  the  faid  mafter  and  other  ap- 
pearers have  fet  their  hands  hereunto,  the  day  and  year  firft  within 
wn'tten.     Thus  done  and  protefted  at  Philadelphia  aforefaid,  the  day 
and  year  aforefaid. 

JAMES  LEGGET, 
JOHN  WHITESIDE, 
JAMES  RAMSAY, 
JAMES  MANSON. 
§*^'^^§  ^uoei  atlejlor  manu  etjigillo  rogatus. 
§i^^§     ASSHETON  HUMPHREYS,  A o/jnw  Puilicusy  1 795 


[  59  ] 

I  the  within  named  notary,  do  hereby  certify  and  atteft  unto  aTi 
whom  It  doth  or  may  concern,  that  the  foregoing  wTiting  doth  contain 
a  juft  and  true  copy  of  an  original  proteft  taken  and  made  before  me 
the  (aid  notary,  and  remaining  of  record  in  my  notarial  office,  in  the  citv 
of  Philadelphia,  and  that  I  have  carefully  compared  the  faid  copy  with 
the  original,  fo  remaining  of  record  in  my  faid  office,  and  find  it  exaAly 
to  agree  therewith. 

In  teftimony  whereof,  I  have  hereunto  fct  my  hand  and  affixed  my 
feal  of  office  of  notary,  at  Philadelphia  aforefaid,  this  twenty-third  day 
of  May,  in  the  year  of  our  Lord,  one  thoufand  feven  hundred  and 
ninety-three. 

ASSHETON  HUMPHREYS,  Notarlus  Puhl'uus,  1 793. 

Philadelphia,  June  29th,  1795. 
^ff-  jf^'^fo"*  Secretary  of  SlatCy  to  the  Mini/ltr  Plenipotentiary  of 

France. 
Sir, 

A  COMPLAINT  is  lodged  with  the  executive  of  the  United 
States,  that  the  Sans  Culottes,  an  armed  privateer  of  France, 
did,  on  the   8th  of  May  laft,  capture  the  Britifh  brigantine  Fanny, 
within  the  limits  of  the  protection  of  the  United  States,  and  fent  th 
faid  brig  as  a  prize  into  this  port,  where  fhe  is  now  lying. 

I  have  the  honor  to  inclofe  you  the  teftimony  whereon  the  com- 
plaint is  founded.  Should  this  fatisfy  you  that  it  is  juft,  you  will  be 
fo  goo<J  as  to  give  orders  to  the  conful  of  France  at  this  port,  to  take 
the  veffel  into  his  cuftody,  and  deliver  her  to  the  owners.  Should  it 
be  overweighcd  in  your  judgment,  by  any  contradiftory  evidence 
which  you  have,  or  may  acquire,  I  will  afk  the  favor  of  a  communi- 
cation of  that  evidence,  and  that  the  conful  retain  the  vefTel  in  his 
cuftody,  until  the  executive  of  the  United  States  fhall  confider  and 
decide  finally  on  the  fubjedl. 

I  have  the  honour  to  be,  with  much  refpedl, 
oir, 
yovir  moft  obedient  and  moft  humble  fervant, 

Th:  JEFFERSON. 

(COPY) 
Vtrginiay  to  witf 

TO  all  perfonswhom  it  may  concern,  I,  John  NIvifon,  notary 
public  for  the  diftrift  of  Norfolk,  by  lawful  authority  duly  ad- 
mitted and  qualified,  do  hereby  certify  and  make  known,  that  Captain 
Michael  Pyle,  late  mafter  of  the  brig  Fanny,  David  Mac  IntoJh  mate, 
and  John  Mac  Cattie,  one  of  the  failors,  perfonally  appeared  before 
me,  and  being  duly  fworn  on  the  Holy  Evangelifts  of  Almighty  God, 
depofed  and  faid,  that  they  failed  frpm  Lucia  In  the  illand  of  Jamaica, 
on  the  fourteenth  day  of  April  laft,  having  on  board  a  cargo  of  ruin 
and  fugar,  and  bound  on  a  voyage  to  Baltimore,  ihe  being  in  good 
order  fpf  the  voyage  ;  that  on  t^ie  feventji  ^av  "f  May,  at  19  P.  M. 


[  6o] 

being  off  the  mouth  of  the  Chefapeakc  bay,  Cape>Henry  bearing, 
by  computation,  N.  W.  by  W.  diilance  about  leven  leagues,  they 
were  hailed  by  a  fchooner,  and  were  informed  that  there  was  a  pilot 
on  board  for  the  Cliefapeake — they  anfwered  that  they  fliould  not 
flay  for  a  pilot  till  the  morning — that  the  wind  being  at  N.  £.  they 
lleered  N*  N>  W.  failing  at  the  rate  of  four  miles  per  hour,  until  half 
pall  four  A.  M.  on  the  eighth,  when  being  in  eight  fathom  of  water, 
Cape-Henry  bearing  N.  W.  by  \V.  or  N.  W.  dldant  as  above,  by  com- 
putation, four  or  five  miles,  they  were  captured  by  the  boat  aforefaid, 
which  to  their  great  furprize,  proved  to  be  a  French  privateer,  called 
the  San«  Culottes,  J.  B.  A.  Terry,  commander,  mounting  four  guns 
and  two  fwivels,  manned  with  45  men — that  they  were  deprived  of 
the  veflel  and  cargo  aforefaid,  and  were  detained  on  board  the  priva- 
teer until  the  eleventh  of  the  fame  month,  when  they  were  fet  on  (hore 
ill  Lynn  Haven  Bay,  in  the  itate  aforefaid,  and  that  on  the  fame  day 
they  arrived  as  t Jorfolk. 

f  Signed  J  Michael  Pilct  majler  ;  David  Mac  Intojby  mate  ; 

John  Mac  CaUicy  featnan. 

Wherefore,  I,  tlie  faid  Notaiy  public,  at  the  requeft  of  the  faid  de- 
ponents, did  and  do  now  hereby  folcmnly  proteft  againll  the  privateer 
and  lier  crew,  for  all  the  loITes,  colls,  charges,  damages  and  cxpcnfes, 
fuifered  or  to  be  fuflfered  by  any  perfou  or  perfons  whomfoever  inte- 
rellcd  or  concerned  in  the  laid  brig  or  her  cargo,  or  any  part  thereof, 
on  her  voyage  aforefaid,  by  rcafon  of  the  capture  by  the  privateer 
aforefaid. 

In  tellimony  whereof,  I  have  hereto  fet  my  hand,  and  caufed  to  be 
affixed  the  feal  of  my  office,  this  i8th  day  of  May,  1793. 

(Seal)  JOHN  NIVISON,  Not.  Pub. 

Brlti/b  Confutes  office j  State  of  Virginia, 

THESE  are  to  certify,  that  John  Nivifon,  Efq.  before  whom  the 
foregoing  protclt  was  made,  is  Notary  Public  for  the  dillrift  of  Nor- 
folk, in  the  Ibte  aforefaid,  and  that  full  faith  and  credit  is  juftly  due  to 
fuch  his  atteftation. 

Given   under  my  hand  and  feal  of  office  at  Norfolk,  this  14th  of 
May,  1793. 

(Seal)  JOHN  HAMILTON,  Conful. 

City  of  Philadelphia,/. 

MICHAEL  PILES,  matter  of  the  brigantine  Fanny,  of  Lon- 
don,  being  duly  fworn  on  the  Holy  Evangehlts  of  Almighty 
God,  dcpofeth  <ind  fayeth  :  That  he  failed  from  Lucia,  in  the  illand 
pf  Jamaica,  on  the  fcurteenth  day  cf  April  laft,  bound  to  Baltimore, 
i:i  Maryland,  hiiving  a  cargo  of  rum  and  fugar  on  board,  the  faid  bri- 
gantnie  being  then  in  good  condition  ;  that  on  the  7th  of  May,  at 
1  o  o'clock,  P.  M.  he,  this  deponent,  being  then  in  the  faid  brigantine, 
off  the  mouth  of  the  Chefapeake-Bay,  Cape  Henry  then  bearing,  by 
computation,  N.  W.  by  W.  diftant  about  feven  leagues,  he  was  hailed 
by  a  fchconcr,  and  informed  there  \vas  a  pilot  for  the  Chefapeakc  on 


"t 


;d  caufed  to  be 


[  6i  ] 


>. 


board,  to  which  this  deponent  anfwcred,  that  he  fliould  not  ftay  for  a 
I  pilot  till  the  moming ;  that  this  deponent  hailed  the  fchooncr,  and  , 
aflced  how  Cape  Henry  bore,  and  what  diftance  ?  and  was  anfwcred, 
from  the  fchooner,  that  Cape  Henry  bore  N.  W.  and  by  W. 
twenty  miles  diftant.  That  the  wind  being  at  N.  E.  this  deponent 
fleered  N.  N.  W.  going  at  the  nite  of  about  four  miles  an  hour,  until 
half  paft  four  o'clock,  or  thereabouts,  A.  M.  on  the  8th  of  May, 
when,  being  in  eight  fathom  water.  Cape  Henry,  at  that  time,  bearing 
N.  W.  by  W.  or  N.  W.  diftant  about  four  or  five  miles,  the  fald  bri- 
gantine  Fanny  was  captured  by  the  faid  fchooner,  which,  to  the  great 
furprire  of  this  deponent,  proved  to  be  a  privateer  having  on  board 
a  comntiffion  faid  to  have  been  granted  by  the  French  conful  at 
Charlefton,  in  South-Carolina;  the  faid  privateer,  called  the  Sans 
Culottes  was  connrtanded  by  J.  B.  A.  Terry,  mounted  four  guns  and 
two  fwivels,  and  manned  with  45  men  ■  that  this  deponent,  the  officers 
and  crew  of  the  faid  brigantine,  were  all  put  on  (hore,  on  the  nth  of 
May,  in  Lynn-Haven  Bay,  in  Virginia ;  that  the  faid  brigantine  was 
fent  to  Phibdclphia,  whither  this  deponent  came  to  claim  the  veflcl 
and  cargo;  but  the  officers  and  crew  of  the  faid  brigantine  being 
deilitute  of  friends  and  money,  engaged  themfelves  on  board  other 
veflels  in  Virginia,  for  the  purpofe  of  fupporting  themfelves,  and  being 
thus  difperfed,  and  feparated  from  the  faid  brigantine,  he,  this  de- 
ponent, is  thereby  deprived  of  their  teftimony,  which  he  could  have  ob- 
tained, if  they  had  been  fent  into  the  port  of  Philadelphia,  with  the 
faid  brigantine  ;  and  further  this  deponent  faith  not. 

Taken  and  fworn,  at  the  city  of  Philadelphia,  this  24th  day  of  June, 
1 793,  before  me, 

JOHN  BARCLAY,  JMerman. 
(Copy)  MICHAEL  PILE. 

TRANSLATION. 

Philadelphia,  July  8th,  1793. 
The  2d  year  of  the  French  Republic. 
The  Min'tjler  of  the   French  Republic^  with  the  United  States ^  to  Mr. 
Jefferjon  Secretary  of  State  of  the  United  States* 
Sir, 

THE  French  armed  veffel  le  Vainqueur  de la  Baflille^ of  American 
conftru£lion,  and  heretofore  bearing  the  name  of  Hedlor,  has 
failed  from  Charlefton,  fumiftied  with  a  French  commifficm,  and  her 
old  American  regifter,  which  the  commander,  Hei-vieux,  fent  to  the 
cuftom-houfe,  after  having  cleared  the  bar  of  that  port. 

This  condufl,  condemnable  only  for  its  timidity,  has  led  the  cuftom- 
houfe  or  Charlefton,  to  require  the  government  of  South-Carolina,  to 
caufe  him  to  be  arrefted ;  and  in  confequence  le  Va'tnqueur  de  la  Baf- 
tllky  has  been  feized  at  Wilmington,  together  with  a  prize  which  (he 
tfitok  in  there.  The  laws  of  the  United  States  inflidl  no  punifhment 
in  the  prefent  cafe,  only  where  there  has  been  an  intention  of  avoid- 
ing the  duties  impofed  by  the  United  States ;  and,  as  it  is  proved  by 


[  62  ] 


# 


the  v.'ar-commifTion  and  by  the  indrudlions  in  Captain  Hcrvieux'j 
poffciHon,  thut  ho  went  out  of  the  port  of  Charlcfton  only  to  refill, 
hi  mtich  as  poffiblc,  the  unjuft  attacks  of  our  enemies ;  a  duty  which 
all  the  treaties  authorife  him  to  fulfil,  and  which  no  law  of  the  United 
bitatf  8,  and  coiifcquently  no  order  of  the  executive  of  thefe  Hates, 
null  forbid  him  to  fulfil  ;  I  requefl  you,  Sir,  to  defire  of  the  federal 
p^ovcrnincnt  the  liberation  of  captain  Hervieux,  and  of  his  crew  of  tli; 
Vaiiif|ueiir  de  la  Baflille,  heretofore  the  Hc£lor,  and  of  her  prize,  now 
detalutfd  ill  the  port  of  Wilmington,  North-Carolin?.. 

GENET. 


Philadelphia,  9th  July,  1793. 
2d  year  of  the  French  Rq>ublic. 
T/:r  Cs:hrn  Geiiety  M'ln'tjlcr   PUnipotentiary  of  the .  French  Republic f  U  I 
Mr»  Jejfcrjhnt  Secretary  of  State. 
.Sip, 

YOI T  iftjuired  of  me  dt  tails  relative  to  the  brigantine  la  Pet'tlt  | 
Denibcrnt^  heretofore  the  little  Sarah^  at  prefent  armed,  and  ready 
to  go  out  of  the  Delaware.  They  are  as  follow : — This  vefTel,  Sir,  I 
of  Englifh  property,  armed  by  our  enemies  with  four  cannon,  and 
other  arms,  was  tnken  by  the  Embufcade  frigate,  belonging  to  th( 
Republic  of  France,  and  fent  into  Philadelphia.  Her  conllrudion 
being  elegant  and  folid,  her  bottom  soppered,  and  a  fwift  failer,  her 
muib  and  rigging  being  in  good  condition,  I  have  thought  on  the 
report  of  the  captain  of  the  Embufcade,  and  other  enlightened  mari- 
ners, that  the  acquifition  of  this  veflel  would  be  advantageous  to  the 
marine  of  the  Republic  ;  and  this  confideration,  joined  to  the  defire  I 
had  of  finding  employment  for  a  great  number  of  French  marines, 
who  were  here  expofcd  to  the  dangers  which  often  attend  idlenefn  | 
and  poverty,  determined  me  to  take  her  on  account  of  the  flate. 

I  have  had  her  repaired.  I  have  completed  her  armament,  with 
cannon  which  I  found  on  board  four  French  veffels,  and  given  the  com. 
mand  of  her  to  Citizen  Amiot,  enfign  of  the  Republic,  and  when! 
ready,  I  fhall  difpatch  her  with  a  commilfion  of  the  Executive  Council, 
and  with  my  paittcular  inflruclions.  I  fhould  confine  myfelf.  Sir,  to 
rcprefcnt  to  you  thefe  fails,  which  require  no  difcuflion  on  my  part,  | 
and  which  cannot  create  any  difficulty  on  that  of  your  government. 
When  treaties  ipeak,  the  agents  of  nations  have  but  to  obey.  Accept, 
Sir,  mv  cfteem  and  refpe^. 

GENET. 


The 


Philadelphia,  9th  July,  1793. 
2d  year  of  the  French  Republic. 
Ciiizen  Cenetf  MUii/ler  Plenipotentiary  of  the  French  RepuhPtc,  to 


Si 


Mr.  Jejerfon^  Secretary  of  State  of  the  United  States. 


THE  Conful  of  the  French   Republic,  in  this  flate,  four  days 
♦go  requcfled  the  Governor  of  Pennfylvania   to  order  out  of 
the  pc:t  of  Philadelphia,  the  Jane,  an  Englifh  privateer,  armed  vitk 


[  63  ] 


5  E  N  E  T. 


GENET. 


Ifixtecn  cannon,  which  veflel  came  in  the  4th  of  this  moiuh,  withoii 

I  any  appearance  of  diftrcfs. 

I     The  Governor  replied  to  him,  that  he  could  not  take  any  mejifartft, 

in  this  rcfpeft,  during  the  abfcnce  of  the  Prefidcnt  of  the  Unitcvl 
Istates.  Although  this  reply.  Sir,  is  accompanied  with  very  obligiiig 
land  amicable  expreflions,  I  think  it  my  duty  to  obferve,  that  accoid- 
ling  to  the  tenor  of  the  XXI Id  article  of  our  treaty  of  amity  and 
Icommerce,  It  is  not  iicccflary  to  await  the  decition  of  the  Prcfidcnt,  to 
Icaufe  this  privateer  to  depart,  not  having  come  in  here  in  dillrtl.:, 
land  having  had  time  to  take  in  more  provillons  than  is  nccefTnr)'  10 
[go  to  the  neareit  port  of  the  power  imder  which  flie  holds  her  com- 
Imiinon,  and  according  to  different  reports  which  I  have  juft  received, 

is  augmenting  her  armament. 

The  treaties  being  confidered  by  the  American  people  u  j  the  moft 
I  facred  laws,  the  local  governments  of  the  United  States  arc  bound  t«» 
!  acknowledge  them,  and  all  the  magiftrates  obliged  to  execute  fliem 

without  delay.  I  therefore  rcqueit  you.  Sir,  to  prcfent  thefe  con- 
i  iidcrations  to  the  Governor  of  Pennfylvimia,  and  induce  him  to  fulfil, 

againft  the  privateer  Jane,  the  duties  which  our  treaties  Impofe  on  him. 

GENE  T. 


Philadelphia,  ^i//>'  12,  1793. 
Mr.  JefferfoTit  Secretary  of  Statr,  to  Mr.  Genet,  Minrflcr  Pisnipolenttaiy 

of  France. 
Sir, 

THE  Prefident  of  the  United  States,  defirous  of  having  done 
whit  {hill  be  ftridtly  conformable  to  the  treaties  of  the  United 
States  and  law^,  refpefting  the  feveral  reprefentations  received  from 
yourftlf  and  the  minifter  plenipotentiary  of  Great  Britain,  on  the 
fubjeft  of  veffels  arming  on  arriving  within  our  ports,  and  of  prizes, 
has  determined  to  refer  the  quellions  arifing  thereon,  to  perfons 
learned  in  the  laws.  As  this  reference  will  occadon  fome  delay,  he 
will  cxpeft  from  both  parties,  that  in  the  mean  time  the  Little  Sai  ah, 
or  Little  Democrat,  the  (hips  Jane  and  William,  in  the  Delaware,  tlie 
Citoyen  Genet  and  her  two  prizes,  the  Lovely  Lafs  and  Prince 
William  Henry,  and  the  brig  Fanny,  in  the  Chefapeake,  do  not  de- 
part until  his  ultimate  determination  fliall  be  made  known.  You  may 
be  affured.  Sir,  that  the  delay  will  be  as  fiiort  as  poifible  ;  and  the 
objeft  of  it  being  to  obtain  the  beft  advice  poluble,  on  the  fenfc  of 
the  laws  and  treaties  refpefting  the  feveral  cafes,  I  am  nerfuaded  v<iu 
■will  think  the  delay  well  compenfatcd. 
I  have  the  honor  to  be. 

With  fentiments  of  the  moft  pcrfeft  eftoem  and  refpL'c\, 
Sir, 
Your  moft  obedient,  and 
raoft  humble  fervant, 

Th:  JEFFEk  SON. 


s-4. 


7tt 


[64] 

Philadelphia,  9thy«A,  179J. 
2d  year  of  the  Republic. 
Citizen  Genet  J  Minifterfrom  the  French  Jiepublic  to  the  United  State/, 

to  Mr,  Jejferjony  Secretary  of  State  of  the  United  St atet, 
S  I  R, 

I  HAVE  already  frequently  hari  the  honor  of  converfing  with  you 
on  the  revolting  treatment,  which  the  Englifh  vefleU  of  war  ul'e 
Oil  the  high  feas  tuwaids  American  vefleU.  I  have  informed  you  of  the 
fevere  viiitH  to  which  they  fubjefl  them,  and  of  the  feizureii  they  make 
01  board  of  them,  and  under  the  protection  of  the  flag  of  the  United 
States,  of  tlie  pcrfons  and  property  of  the  French  citizens. 

The  reports  of  all  the  navigators  attelt  the  truth  of  thefe  fa^s,  and 
the  complaiiitH  enclofed,  prefent  new  proofs.  I  requeil  you,  Sir,  to 
communicate  them  to  the  Picndent  of  the  United  States,  and  to  be 
fo  obliging  ati  to  inform  me  of  the  meafurcH  he  has  taken,  or  tliofe  he 
propoics  tu  take,  to  caufe  our  enemies  to  refpeCl  the  flag  of  the  United 
States  as  much  as  we  oui-felves  do,  and  to  have  delivered  to  our  fellow< 
aitizens  the  property  of  which  they  have  unjullly  been  deprived. 

I  muft  obferve  to  you.  Sir,  that  as  the  Englifh  will  probably  con- 
tinue to  carry  off  with  impunity  our  citizens,  and  their  property,  on 
board  of  American  veflels,  without  embarrafling  thcmfelves  with  the 
philofophical  principles  proclaimed  by  the  Prefldent  of  the  United 
States,  the  engagements  wc  ha  e  contracted  with  you,  placing  us  in  the 
moll  difadvantageous  pofition,  with  rcfpe6\  to  our  enemies,  in  depriving 
us  of  the  privilege  of  ufing  at  every  point,  with  regard  to  them,  the 
right  of  reprifals,  it  is  as  neceflary  for  your  as  for  our  intereft,  that 
we  fliould  agree  quickly  to  take  other  meafures.  I  cxpe£l  immedi- 
ately. Sir,  a  pofitive  anfwer  from  the  federal  government,  on  this  fub- 
jeCt ;  and  I  hope,  that  it  will  comport  with  the  dignity  and  juftice 
of  the  American  people,  who  ought  not  to  require,  if  they  are  not  at 
prefent  in  a  lituation  to  compel  the  Engliih  to  juftice,  whom  they 
have  formerly  conquered,  that  we  (hould  expofe  ourfelves  and  them 
longer,  by  a  mifplaced  compliance,  to  the  infi  Its  of  that  nation,  to- 
wards whom  generous  proceedings  generally  lead  only  to  new  outrages. 

GENET. 


Copy  of  a  Declaration  and  Protest. 

2']th  Juney   1793. 
This  day  f  the  2'jth  Juncy  1793,  id  year  of  the  French  Republic  y  paf. 

I  2  o'clocly  Afternoon. 

BEFORE  U8,  John  Baptift  Lemaire,  Chancellor  of  the  Confulate 
of  the  faid  Republic,  eilabliflied  at  Philadelphia,  in  the  (late  of 
Pennfylvania,  one  of  the  United  States  of  America,  the  undei-fignecl, 
and  in  the  prefence  of  the  witiicflcs  hereafternamed,  appeared  the  citi- 
zen Silvat  Du  Camp,  ds  la  Bojlille  Clair anccy  department  of , 

for  the  purpofe  of  Saving  and  Declaring. 

That  having  departed  fi-om  the  ifland  of  St.  Lucie,  on  the  9th  of 
May,  1 793,  as  paffcnger  on  board  the  American  brigantine  Cohimbia, 


I  6s  1 

captain  John  Green,  of  this  city  of  Philadelphia,  for  this  port,  an 
Engliih  privaicer,  the  brigantine  Fanny,  captain  Bluomfbury,  of  St. 
Vincent,  captured  the  faid  brieantine  Columbia^  without  any  rcgird  to 
her  flat;,  on  the  13th  of  the  faid  month  of  May  lad,  and  condii«Stcd  her 
into  the  port  of  Bafleterre,  Saint  Chriilophera,  where  he  arrived  tlic 
fame  day,  and  where  he  found  fix  or  feven  other  American  vefTclii, 
which  had  alfo  been  carried  in  there  by  force. 

That  the  merchandizes  that  he  had  on  board  the  faid  brigantine  Co- 
lumiiat  confided  of  3  barrels  of  raw  fugar,  7  bales  of  cotton,  8  can<s  and 
8  hags  of  coiFee,  12  pieces  of  handkerchief  of  Dcarn,  and  about  4500 
livies  currency  of  the  iHands,  of  French  and  Spanifh  coins,  the  whole 
amounting  to  21909I.  lof.  6  dcniers,  money  of  the  iflands,  as  appears 
by  an  invoice,  dated  the  ,  of  the  apptarer,  and  a  bill  of  VAciing, 

of  the  fame  month  of  May,  figned  John  Green,  jutiior,  exhibited  to  us 
by  the  appcarer,  and  which,  at  his  requeft,  (hall  be  annexed  to  tliefe 
prefentR,  after  having  been  certified  by  him  to  be  authentic,  and  by  us 
compared  with  the  original. 

That  the  above  fugar,  cotton  and  coffee,  was  fhipped  part  on  account 
and  rifk  of  citizen  John  Mercie,  of  Bourdeaux,  owner  of  the  fhip  Titus» 
of  Bourdeaux,  and  partly  on  account  and  rifle  of  fundry  other  perfons 
interefted. 

That  the  intention  of  the  appearer  had  been,  to  difpofe  of  the  faid 
fugar,  cotton  and  coffee,  on  account  of  the  above  mentioned  John 
Merci6,  and  of  all  thofe  concerned  in  it,  on  his  arrival  at  Philadelphia. 

That  on  his  arrival  at  Saint  ChriHophers,  all  the  merchandizes  al- 
ready mentioned,  were  debarked  and  feized  by  the  admiralty  of  that 
place,  as  is  proved  by  the  certificate  of  E.  Moore,  fecretary  of  the 
faid  admiralty,  placed  underneath  the  depofition  which  the  faid  ap- 
pearer  had  made  before  the  Englifii  judge,  Archibald  Efdale,  at  the 
faid  ifland  of  Saint  Chriilophera,  an  1  which  he  prefentcd  to  us,  and 
at  his  requeft,  is  hereunto  annexed,  to  recur  to,  duly  certified  and  com- 
pared according  to  the  ordinance. 

That  of  the  whole  of  the  above,  the  faid  appearer  having  required 
a  certificate,  we,  the  Chancellor  above  mentioned,  have,  by  thefe  pre- 
fcnts,  granted  the  fame,  to  avail  him  as  it  may  of  right. 

The  faid  appearer  expreisly  declaring  and  protefting,  for  all  loffes, 
and  for  all  expences  of  damages  and  interefts,  againll  the  faid  Englifh 
privateer  the  brigantine  Faimy,  captain  Bloomfbury,  againil  the  fai*^^ 
admiralty  of  Saint  Chriftophers,  and  againfl  all  whom  it  may  concer^^ 
for  the  carrying  off  and  feizure  made  by  them  of  all  the  faid  merchan- 
dizes from  on  board  the  faid  American  brigantine  Columbia,  captain 
Green,  in  contempt  of  the  dignity  of  the  American  nation. 

Done  at  Philadelphia,  In  the  Chancery  of  the  Confulatr  li  the 
French  Republic,  the  faid  day,  month,  and  year  above  men- 
tioned, in  the  prel'cnce  of  tlie  citizens  Martin,  Oiler  and  Peter 
Barricre,  refidents  in  this  city,  who  have  figned  the  fr'me  witlj 
us  and  the  faid  appearer,  after  having  read  the  fame. 

The  iniuutc-oftheprdent  remainiiigin  the  Chancery. 

T.  Cs.  LEMAIRE. 


[  66  ] 


Examined  by  u8,  Conful  of.the  French  Republic,  at  Philadelphia, 
this  i8th  July,  1793,  2d  year  of  the  Republic. 
(Signed)  Frois. 

Certified  c6nfornaable  to  the  original. 


lie,  ai  rniiaaeipnia, 

■   0^^ 

D  U  P  0  N  T. 

^M    nu)i 
■   At 

H    thin 

GENET. 

m\ 

IVe  the  untferfigtifd  pnffen^ers  on  board  the  gaiHot^  the  Regulatory  Captain 
White^  bound  from  yeremie  tr>  Baltimore^  In  the  State  of  Marylaad* 
Dkclarf — 

THAT  having  failed  on  the  night  of  the  21ft  May,  1793,  we  on 
the  23d,  at  tlirce  in  the  morning,  met  four  French  frigates; 
that  one  of  them  having  fired  a  cannon,  ordered  us  to  hoift  out  our 
hoit ;  that  one  of  the  officers  c^mc  on  board,  exanu'ned  the  papers  of 
the  captain  of  the  galliot,  examined  one  of  our  paflports,  and  then 
retired,  teiUfyinghis  regret  at  having  detained  us. 

That  on  the  25th,  about  fix  in  the  morning,  being  under  the  great 
Ina^ue^  and  very  clofe  to  the  land,  we  faw  a  floop,  who  weighed  anchor 
to  the  windward,  bearing  down  upon  us,  Hred  a  cannorf  at  ui  and  hoift- 
ed  an  Engliih  flag,  fent  five  armed  men  on  board  of  us,  who  rendered 
an  account  by  a  trumpet,  that  the  veflel  was  laden  with  coffee  and 
cotton,  and  that  there  were  fome  negro  flaves  on  board.  But  at  the 
moment  there  appeared  two  other  vefl'els,  towards  which  the  privateer 
immediately  ftecred,  ordering  us  to  anchor.  Thefe  two  veflels  were 
found  alfo  to  be  American,  and  were  in  like  manner  obliged  to  come 
to  anchor.  A  third  appeared  fome  time  aftei*,  i^id  was  likewife  or- 
dered to  anchor. 

The  privateer  was  employed  in  vifiting  thefe  three  veffels  until  four 
in  the  aftemoon,  during  which  time  we  were  under  the  guard  of  five 
men,  who  prefented  themfelves  to  us  more  like  pirates  coming  to  fcizc 
their  prey,  than  as  privateers  who  have  an  intention  to  refpeft  a  neu- 
tral  flag.  Thefe  men  whofc  coinitenances  led  us  to  believe  them  capable 
of  rca'izing  the  moft  finiiltr  things,  prepared  us  for  an  event  which 
would  at  the  fame  time  have  injured  ua,  in  making  us  fail  in  the  ob- 
jttl  of  our  voyage.  They  informed  as  that  we  to  be  carried  into 
Jamaica. 

At  four  in  the  afternoon,  the  captain  of  the  privateer  came  on 
board  of  us  with  ten  anned  men,  they  drove  all  the  paffengers  out  of 
their  itate  rooms,  with  a  naked  fword  in  one  hand  and  a  piftol  in 
the  other,  appearing  ilifpofed  to  proceed  to  violence,  without  the  lead 
effort  on  tlie  part  of  tlieir  captain  to  check  them.  In  an  inftant  all 
the  efiVcls  of  the  paffengers  were  ranfacked.  In  vain  did  captain  White. 
pi*cf»;nc  to  them  his  papers,  and  endeavour  to  flop  them  ;  they  paid  no 
attention  and  fcarctly  looked  at  them.  The  reprefentations  of  thefe 
hoitilo  a(J\8,  rendering  them  Hill  more  violent,  they  threatened  thofe 
who  endeavored  to  reafon  with  them.  They  broke  the  locks  of  the 
trunks  without  waiting  till  the  keys  were  found ;  Uiey  raifed  a  part 


fent 


new 


:  Philadelphis, 
PONT. 

:  N  E  T. 

■ulatoKt  Captain 
'  Maryland. 

rench  frigates ; 
[>  hoift  out  our 
d  the  papers  of 
orts,  and  then 

under  the  great 
weighed  anchor 
at  u«  and  hoift- 
,  who  rendered 
,vith  coffee  and 
d.  But  at  the 
ch  the  privateer 
wo  veflels  were 
ibliged  to  come 
'88  likcwlfe  or- 

eflels  until  four 
e  guard  of  five 
:onning  to  feize 
»  refpeft  a  neu- 
re  them  capable 
in  event  which 
"ail  in  the  ob- 
|c  carried  into 

jteer  came  on 

Tengers  out  of 

^nd  a  piftol  in 

ithout  the  leaft 

an  inftant  all 

|captain  White. 

they  paid  no 

ations  of  thcfe 

Icateneil  thofe 

locks  of  the 

raifed  a  part 


[  67  ] 

of  the  plank  of  the  cabin ;  they  nmiaged  the  captain's  trunk,  they  found 
money  there,  ftized  it  and  gave  it  to  one  of  their  people  to  take  care  of. 
At  the  fame  time  they  went  to  the  forecaiUe,  they  broke  open  every 
thing  that  was  locked  up.  They  forced  the  partitions  which  fepaiate 
the  births.    They  cut  open  a  great  quantity  of  coffee  bags. 

Having  however  found  nothmg  in  this  fearch,  made  with  the  greateil 
brutality,  which  falfified  the  affertlon  of  captain  White,  as  to  the  pro- 
perty of  the  cargo,  they  appeared  much  embarraffcd  at  the  part  they 
Ihoidd  take  vnih  refpeiSt  to  us.  They  in  particular  made  offta  i  to  fome 
of  the  feamen  to  depofe  againll  the  declarations  of  bur  captain  ;  they 
fent  three  of  them  on  board  the  privateer,  whom  they  endeavoured 
equally,  but  as  unfuccefsfuUy,  to  fcduce. 

This  vexatious  conduA  was  interrupted  L  /  night  coming  on.  It 
may  be  conceived  how  we  pafied  it,  it  did  not  to  us  appear  probable  that 
men  who  appeared  to  breathe  nothing  but  pillage  and  robber/,  would 
allow  this  opportunity  to  efcape. 

On  the  26th,  as  foon  as  day  appeared,  captain  White  was  called  on 
board  the  privati:er,  where  fcveral  difputes  arofe,  in  which  fome  wiflied 
to  have  the  veffel  carried  into  Jamaica,  others  that  the  pafltngers  with 
their  effedls  fhould  be  put  on  board  as  prifoners,  and  otherH  that  the 
captain's  trunk  containing  money,  fhould  be  feized,  others  in  fine,  ihat 
they  (hould  feize  the  negro  flaves,  or  fend  captain  White  back  with  a 
new  detachment,  who  fhould  continue  to  fearch  the  cfTe^^s  and  veffel. 
We  obferved  among  this  brutal  and  greedy  hord,  a  man  who  not 
only  difapproved  the  condudl  of  the  others,  but  alfo  appeared  ver)'  much 
oppofed  to  the  attempt  which  he  faw  them  determined  to  commit  in 
one  way  or  another  on  neutral  property.     This  was  the  furgeon  of  the 
privateer  ;  perhaps  he  might  have  had  fufficient  afcendancy  to  hinder 
them  from  taking  the  veficl ;  but  he  could  not  doubtlefs  ubtain  every 
thing :  at  eight  o'clock  the  privateer  gave  orders  to  the  detachment 
which  guarded  us,  to  bring  off  the  negroes  and  return  on  board.    They 
at  the  fame  time  permitted  captain  White  to  hoilt  fail.     He  fet  fail 
in  order  to  go  and  reconnoitre  two  veffels  which  were  making  fur  the 
entrance. 

Under  thefe  circumftances,  captain  White,  as  well  as  the  paffcngers, 
having  no  means  of  reclamation,  the  former  againll  the  hoililc  }>r«H.'eal- 
of  the  privateer,  the  latter  againll  the  carrying  off  the  negroes,  roukl 
do  no  otherwife  than  follow  their  delUnation,  reft-rving  tt)  themfclvej 
the  privilege  of  their  refpedlive  rights  againll  this  piracy. 

Several  men  belonging  to  the  privateer,  have  given  us  information 
relative  to  this  veffel,  and  the  captain,  by  the  particular  information  of 
the  furgeon.  The  veffel  is  called  the  Jfjfebh  and  Mary^  of  Kingftoii, 
ifland  of  Jamaica,  commanded  by  David  Harris,  owners,  M.  M.  Alkii 
and  White  ;  captain  Harris  appeared  to  us  to  be  a  weak,  indccifive  man, 
without  chamber,  having  no  authority  over  his  crew,  and  we  cannot 
help  thinking  that  in  this  rencounter,  at  the  mercy  o*"  a  crew  of  fifty 
or  fixty  men»  the  mod  of  whom  eager  for  plunder,  without  any  fub« 


^ 


[  68  J 

ordination,  the  vefTeU  our  perfons  and  our  property,  have  been  In  the 
greaUit  danger. 

Done  on  board  the  galliot  called  the  Regulator,  captain  White, 
the  7tb  June,  1793. 

SIMON  WHITE,  Captain, 
LEWIS  JEWELL,  Majier. 
(S\gned)  Peter  Nouvel,  T 

CHOuqjJkT  DE  Savareau,  /     „  fj. 
Gastin  de  Nogere,  y      offer^ert. 

G.  Bentier,  J 


Certified  to  he  conformable  tt  the  original. 


GENET. 


Philadelphia,  25th  yuly^  1793* 
2d  year  of  the  Republic  of  France. 
The  Citizen  Genets  Mwlfler  of  the  Republic  of  France ^  to  Mr,  Jefferftn^ 
Secretary  of  State  of  the  United  States, 
Sir, 

I  RECEIVE  daily  new  complaints  on  the  infults  %vhich  the  Engliih 
are  pleafed  to  commit  againft  the  flag  of  the  United  States ;  the 
papers  here  iiiclofcd  will  prove  to  you  that  the  fovereignty  of  yonr 
country  is  violated  with  impunity,  not  by  the  legitimate  exercife  which 
we  have  thought  proper  to  make  of  fome  rights  granted  to  us  by  treaty, 
but  by  the  fpoliation,  the  pillage,  the  bad  treatment  exercifed  by  our 
enemies,  in  contempt  of  your  laws,  and  even  under  fhadow  of  the  iigni 
of  your  fovereignty.  On  all  the  feas  an  audacious  piracy  pnrfues, 
even  in  your  veflels,  French  property,  and  alfo  that  of  the  Americani 
when  deflined  for  our  ports — your  political  rights  are  counted  for  no- 
thing :  in  vain  do  the  principles  of  neutrality  eftablifti,  that  friendly 
vcftels  make  friendly  goods :  in  vain,  fir,  does  the  Prefident  of  the 
United  States,  endeavour,  by  his  proclamation,  to  reclaim  the  obfer- 
nation  qf  this  maxim  :  in  vain  does  the  delire  of  preferring  peace  lead 
to  facrificc  the  interefts  of  France  to  that  of  the  moment ;  in  vain  does 
the  thirft  of  ricb.es  preponderate  over  honor  in  the  political  balance  of 
America  ;  all  this  management,  all  this  condefceniion,  all  this  humili- 
ty, end  in  nothing ;  our  enemies  laugh  at  it ;  and  the  French  too  con- 
fident, are  punilhed  for  having  believed  that  the  American  nation  had 
a  flpg,  that  they  had  fome  refpedl  for  their  laws,  fome  conridion  of 
their  llrcngth,  and  entertained  fome  fentiment  of  their  dignity.  It  is 
H'jt  poflible  for  me,  fir,  to  paint  to  you,  all  my  fenfibility  at  this  fcandal, 
wh  cji  tends  to  the  diminution  of  your  commerce,  to  the  oppreflion  of 
oiii  .i  and  to  the  debafement  and  ^  ilification  of  Republics.  It  is  for  the 
Americans  to  make  known  their  generous  indignation  at  this  outrage : 
an.1  !  mull  confine  myfclf  to  demand  of  you  a  fecond  time,  to  inform 
m?  ')f  the  meafures  which  you  have  taken  in  order  to  obtain  reftitution 
of  t!»e  property  plundered  from  my  fellow'citizens,  under  the  proteAi- 
qn  of  your  flag.    It  is  from  our  government  they  have  learned  that  the 


have  been  in  the 

r,  captain  White, 

[T£,  Captain. 
ELL 


Cattatn, 
,  mqfier. 


\ 


Pt^ffit^ers. 


5  E  N  E  T. 

^J»iy*  1793- 
c  of  France. 

to  Mr,  Jefferjon^ 

V. 

which  the  Engh'ih 

nited  States ;  the 

rereignty  of  yonr 

ite  exercife  which 

;d  to  us  by  treaty, 

exercifed  by  our 

adow  of  the  fignt 

piracy  pnrfues, 

'  the  Americani 

counted  for  no* 

h,  that  friendly 

refident  of  the 

eclaim  the  obfer- 

srving  peace  lead 

ent ;  in  vain  does 

itical  balance  of 

,  all  this  humili- 

rench  too  con- 

rican  nation  had 

ne  conviAion  of 

dignity.     It  is 

y  at  this  fcandal, 

he  oppreifion  of 

s.     It  is  for  the 

at  this  outrage : 

time,  to  inform 

btain  reftitution 

derthe  protefti- 

leamed  that  the 


1 


[  69  ] 

Ameritans  were  our  allies,  that  the  Amencan  natio.i  was  fuvLVv.ijjn, 
and  that  they  knew  how  to  make  themfelves  refpefted.  It  is  then 
under  the  very  famftion  of  the  French  ndtion  that  they  have  conndttl 
their  property  and  perfons,  to  the  fafe-guard  of  the  American  daj,  and 
on  her  they  ftibmit  the  care  tA  caufing  thofe  rights  to  be  refpectcd. 
But  if  our  fellow-citizens  have  been  deceived,  if  you  ar<r  not  in  a  con- 
dition to  maintain  the  fovereignty  of  your  people,  fpeak  ;  we  have 
guaranteed  it  when  Haves,  we  (hall  be  able  to  render  It  fonnidable,  hav- 
ing become  freemen. 

Accept,  Sir,  my  efteem  and  refpeft, 

GEN  K  T. 


Th'u  day ^  the  of  18/A  July^  '793*  2^  "^ear  of  the  French  Repitbltr. 

APPEARED  before  us,  Francis  Dupont,  Conful  of  the  Frciuk 
Republic,  at  Philadelphia,  in  the  State  of  Pennlylvania,  the  u:  - 
derfigned  Citizen  la  Rouilie,  merchant  of  Bourdeaux,  now  in  this  city 
of  Philadelphia,  who  declared  to  us,  that  having  departed  from  .^h. 
Mark  the  12th  of  June  laft,  in  the  Amencan  brigantlne,  the  Gover- 
nor Pinckney,  of  Charlefton,  captain  D.  Jenkins,  belonging  to  Mr. 
Therick,  of  the  faid  place ;  the  faid  veflel  was  iloppcd  before  the  Mollc 
on  the  14th  of  fuid  month, by  a  privateer  of  the  colony  of  Saint  Vinrtr.t, 
who  after  having  vifited  them  and  finding  nothing  which  could  k:  d 
them  to  doubt  the  veffcl's  being  really  American  property,  carried  thcin 
in  under  the  fole  pretext,  that  they  had  on  board  faid  veflel  fome 
French  paffengers ;  the  declarer  complaining  that  they  plundered  li's 
tronk  of  two  watches,  a  chain,  and  a  medal,  a  gold  key,  and  thirty- 
two  half  Johannes,  and  other  effe^s  in  linen,  which  places  him  in 
a  cruel  pofltion  ;  that  they  were  earned  into  Providence,  where  they 
remained  only  eleven  days,  at  a  fourth  of  a  dollar  per  day,  at  tlie  end 
of  which  time  they  were  fet  at  liberty,  becaufe  the  ifland  began  to  want 
provifions,  and  that  they  were  there  in  too  great  numbers.  The  d^*- 
clarer  had  put  on  board  on  account  of  fundry  perfons,  and  to  the  bearer 
of  the  bill  of  lading,  feven  hogfheads,  twelve  tierces  and  fiuy-throc 
facks  of  coffee  ;  eight  large  and  four  fmall  bales  of  cotton,  and  twelve 
quarters  of  fugar,  which  the  American  captain,  whom  he  fuppofcs  to 
have  been  gained  over,  as  well  as  fome  others  of  thofe  who  were  canicd 
into  the  faid  port,  declared  to  be  French  property. 

In  teftimony  whereof,  the  faid  appearer  has  figncd  the  prcfcnt  witl| 
us,  in  prefence  of  the  two  undcrfigned  witnedes. 

(Signed) 

La  ROUSSIE,  BINET  OSTER,  and 
.       Froi 9.  DUPONT, 

Certified  couformahle  to  the  origimil, 

GENET. 


THE  undcrfigned  citizens  declare,  That  having  d-jparted  fiom 
Cayem'Uey  department  dt  la  Grande  Ance.,  the  2d  June  laft,  in  the 
American  brig  Ranger,  captajn  Perkins,  bound  for  New- York,  they 


[  70  ] 

were  vifited  in  clearing  the  entrance  of  Ignague,  by  an  Engliih  pri- 
vateer, armed  by  Monfieur  Mox,  merchant,  of  Naflau,  Providence, 
who  made  them  prifoners,  and  carried  them  into  faid  place.  The  un- 
derfigned  would  have  avoided  expofing  their  fortunes  in  time  of  war, 
liad  they  not  counted  on  the  inviolability  of  treaties  of  neutrality, 
which  (hould  naturally  guarantee  all  property  on  board  of  a  neutral 
veflel ;  notwithftanding  this  confideration  was  frequently  urged  to  the 
privateer,  he  plundered  us  of  230,ooolb8.  of  coffee,  belonging  as  well 
to  us  as  four  other  paffengers  of  the  faid  brig,  obferving  that  we 
were  a  good  prize,  according  to  a  paper  called  a  proclamation  of 
General  Waihiiigton,  conveying  in  fubftance,  that  the  property  of 
fubjeds  of  the  beUigerent  powers  might  be  taken  on  board  American 
veflels. 

In  Teftimony  whereof,  we  have  depofited  the  prefent  declaration 
in  the  Chancery  of  the  Confulate  of  the  French  Republic,  in 
order  to  ellablifli  our  right  at  a  proper  time  and  place. 
New-York,  the  30/A  Jufyi  1 793. 
2d  year  of  the  French  RepubUc. 

Signed  in  original.  Modes  and  M.  Sarrazin  Guel  Ve.  le.  Sieur, 
Boithon,  and  Lamarque,  par  main  d^emprimt. 

Certified  to  be  conformable  to  the  original  depofited  in  the  Chan- 
cery of  the  Confulate  at  New-York. 

GENET. 


Copy  of  a  Letter  to  Citizen  Genets  from  Conyngham,  Ne/hitt  and  Co, 

Philadelphia,  July  26th,  1793. 
Sir, 

WE  have  juft  received  advice,  that  the  (hip  Sally,  captain  Grif- 
fith, loaded  by  us  with  flour,  from  Baltimore  to  Havre,  is  juft 
returned  to  faid  place,  after  having  been  captured  by  a  privateer,  and 
carried  into  Gucrnfey  or  Jerfey.  The  protefts  and  papers  will  be  fent 
us  by  the  next  poft.  The  captain  furtlier  informs,  that  they  had  alfo 
captured  the  (hip  Columbia,  of  Baltimore,  having  on  board  the  French 
minifter  drove  from  Portugal. 

Whenever  we  receive  further  intelligence,  we  (hall  communicate  it 
to  you. 

Being  with  refpedl,  Sir, 

Your*s  &c. 


Certific  conforme  a  la  lettre  de  M.  M.  Conyngham,  Nefbitt,  et  Co. 
qui  eft  reftce  entre  mes  mains  a  Philadelphie,  le  26  Juillet,  1793* 
I'an  2d. 

GENET. 


*7| 


1  in  the  Chan- 


Humumcate  it 


[  71  ] 

Philadelphia,  July  24th,  1793. 
fgr,  JefferfoHy  Secretary  of  States   to  Mr.  Genets  Mimfter  Plenipoten- 
tiary of  France, 
Sir,    ,  . 

YOUR  favor  of  the  9th  inftant,  covered  the  information  of  Silvat 
Ducamp,  Pierre  Nouvel,  Chouquet  de  Savarence,  Gailon  de 
Nogere,  and  G.  Beullier,  that  being  on  their  paflage  from  the  French 
Well- Indies  to  the  United  States,  on  board  merchant  veflels  of  the 
United  States,  with  flaves  and  merchandize  of  their  property,  thefe 
veflels  were  ftopped  by  Britifli  armed  veflels,  and  their  property  taken 
out  as  lawful  prize. 

I  believe  it  cannot  be  doubted,  bat  that  by  the  general  law  of  na- 
tions, the  goods  of  a  friend  found  in  the  veflel  of  an  enemy,  are  free, 
and  the  goods  of  an  enemy  found  in  the  veflel  of  a  friend,  are  lawful 
pnze.  Upon  this  principle,  I  prefume,  the  Bn'tiOi  armed  veflels  liave 
taken  the  property  of  French  citizens  found  in  our  veflels,  in  the 
cafes  abovementioned  ;  and  I  confefs  I  fliould  be  at  a  lofs  on  what 
principle  to  reclaim  it.  It  is  true,  that  fundry  nations,  defirous  of 
avoiding  the  inconveniencies  of  having  their  veflels  flopped  at  fea,  ran- 
facked,  canied  into  port,  and  detained,  under  pretence  of  having 
enemy  goods  on  board,  have,  in  many  inftances,  introduced,  by  their 
fpecial  treaties,  another  principle  between  them,  that  enemy  bottoms 
fhall  make  enemy  goods,  and  friendly  bottoms  friendly  goods ;  a  prin- 
ciple much  lefs  embarrafling  to  commerce,  and  equal  to  all  parties  in 
point  of  gain  and  lofs  ;  but  this  is  altogether  the  effc6l  of  particular 
treaty,  controling,  in  fpecial  cafes,  the  general  principle  of  the  law  of 
nations,  and  therefore  taking  eifedl  between  fuch  nations  only  as  have 
fo  agreed  ta  control  it.  England  has  generally  determined  to  adhere 
to  the  rigorous  principle,  having  in  no  inllance,  as  far  as  I  recoUedl, 
agreed  to  the  modiflcation  of  letting  the  property  of  the  goods  follow 
that  of  the  veflel,  except  in  the  fingle  one  of  her  treaty  with  France. 
We  have  adopted  this  modification  in  our  treaties  with  France,  the 
United  Netherlands,  and  Pruflla ;  and  therefore,  as  to  them,  our  veflels 
cover  the  goods  of  their  enemies,  and  we  lofe  our  goods  when  in  the 
veflels  of  their  enemies.  Accordingly,  you  will  be  pleaftd  to  recollcft, 
that  in  the  late  cafe  of  Holland  and  Mackie,  citizens  of  the  United 
States,  who  had  laden  a  cargo  of  flour  on  board  a  Britifli  veflel, 
which  was  taken  by  the  French  frigate  Ambufcade,  and  brought  into 
this  port ;  when  I  reclaimed  the  cargo,  it  was  only  on  the  ground 
that  they  were  ignorant  of  the  declaration  of  war  when  it  was  (hipped. 
You  obferved,  however,  fir,  that  the  14th  article  of  our  treaty  had 
provided  that  ignorance  fliould  not  be  pleaded  beyond  two  months 
after  the  declaration  of  war,  which  term  had  elapfed,  in  this  cafe,  by 
fome  few  days  ;  and  finding  that  to  be  the  truth,  though  their  real 
ignorance  was  equally  truf?,  I  declined  the  reclamation,  as  it  never  was 
in  my  view  to  reclaim  the  cargo,  nor  in  your*8  to  offer  to  rellore  it,  by 
queflioning  the  rule  eflabliihed  in  our  treaty,  that  enemy  bottoms 
make  enemy  goods.     With  England  Spain,  Portugal  and  Auflria, 


[72    ] 

vre  have  no  treaties ;  therefore  we  have  nothing  to  oppofe  to  their 
adting  according  to  the  general  law  of  nations,  that  enemy  goods 
are  lawful  prize,  though  found  in  the  bottoms  of  a  frend.  Nor  do  I 
fee  that  France  can  fuifer  on  the  whole ;  for  though  (he  lofes  her  goods 
in  our  veflcls,  when  found  therein  by  England,  Spain,  Portugal  or 
Aullria,  yet  fhe  gains  our  goods,  when  found  in  the  veflcls  of  Eng- 
land, Spain,  Portugal,  Auitriii;  the  United  Netherlands  or  Pruflla ; 
and  I  i^elieve  I  may  fafely  affirm,  that  we  have  more  goods  afloat  in 
the  vcflels  of  thcfe  lix  nations,  than  France  has  afloat  ir  our  veflels;  and 
confequcntly,  that  France  is  the  gainer,  and  we  the  lofer,  by  the  prin- 
( iple  of  our  treaty  ;  indeed  we  are  lofers  in  every  direction  of  that 
principle  :  for  when  it  works  in  our  favour,  it  is  to  fave  the  goods  of 
uur  friends ;  when  it  works  againft  us,  it  is  to  lofe  our  own  ;  and  we 
fliall  continue  to  lofe  while  the  rule  is  only  partially  cftabliflied.  When 
ivc  (liall  have  edabliHied  it  with  all  nations,  we  fliall  be  in  a  condition 
neither  to  gain  nor  lofe,  but  fliall  be  lefs  expofed  to  vexatious  fearches 
at  fea.  To  this  condition,  we  are  endeavouring  to  advance  ;  but  as 
it  depends  on  the  will  of  other  nations,  as  well  as  our  own,  we  can 
only  obtain  it  when  they  fliall  be  ready  to  concur. 

I  cannot  therefore  but  flatter  myfelf,  that  on  reviflng  the  cafes  of 
Ducamp  and  others,  you  will  perceive,  that  their  loIFes  refult  from  the 
ilate  of  war,  which  has  permitted  their  enemies  to  take  their  goods, 
though  found  in  our  veflels,  and  confequently,  from  circumltances 
over  which  we  have  no  control. 

The  rudenefs  to  their  perfons  pradlifed  by  their  enemies,  is  certainly 
not  (avorable  to  the  charadler  of  the  latter.  We  feel  for  it  as  much 
as  for  the  extenflon  of  it  to  our  own  citizens,  their  companions ;  and 
find  in  it  a  motive  for  requiring  meafures  to  be  taken,  whicu  may  pre- 
sent repetitions  of  it. 

I  have  the  honor  to  be,  &c. 

Th:  JEFFERSON. 

Philadelphia,  Auguft  7th,  1793. 
Mr.  Jcfferfon-t  Secretary  of  State,  to  Mr.  Genet,  Minifier  Plenipotentiary 

of  France. 
S  I  R, 

IN  a  letter  of  June  5th,  I  had  the  honour  to  inform  you,  ^that  the 
Prefident,  after  re-confidering,  at  your  requeft,  the  cafe  of  veflels 
armed  within  our  ports,  to  commit  holtilities  on  nations  at  peace  with 
the  United  States,  had  finally  determined,  that  it  could  not  be  admitted; 
and  delired,  that  all  thofe  which  had  been  fo  armed,  fliould  depart  from 
our  ports.  It  being  under Itood  afterwards  that  tlicfe  veffels  either 
Itiil  remained  in  our  ports,  or  had  only  left  them  to  cruifc  on  our 
couiis,  and  return  again  with  their  prizes,  and  thst  another  vcfTel,  the 
LitLle  Dcnioctat,  had  been  fince  armed  in  Philadelphia,  it  was  defired 
in  my  letter  of  the  12  th  of  July,  that  fuch  veflels  with  their  prizes 
fhould  be  detained,  till  a  determination  fliould  be  had,  of  what  was  to 
be  done  under  thefe  circumftances.  In  difregard,  however,  of  this  de- 
fire,  the  Little  Dv^mocrat  went  out  immediately  on  a  crviilew 


own,  we  can 


[  73  ] 

I  have  it  now  in  charge,  to  inform  you  that  the  Prefidcnt  conliders 
the  United  States,  as  bound,  purfuani  to  puiilive  affurances,  givcu  in 
conformity  to  the  laws  of  neutrality,  to  elFedurtte  the  reiloration  of,  or 
to  make  compenfation  for  prizes,  which  (hall  have  been  made,  of  any 
of  the  parties  at  war  with  France,  fubfequent  to  the  lifth  day  of  June 
lall,  by  privateers  fitted  out  of  om  ports. 

That  it  is  confequently  expected,  that  you  will  caufc  rrftitutiun  to 
be  made  of  all  prizes  taken  and  brought  into  our  ports,  fubfc-(]ucnt  to 
the  above  mentioned  day,  by  fuch  privateers  ;  in  defedt  of  which,  the 
Prefident  confiders  it,  as  incumbent  upon  the  United  States,  to  indem- 
nify the  owners  of  thofe  prizes.  The  indemnification  to  be  reim- 
burfed  by  the  French  jiation. 

That,  befides  taking  elficacious  meofurcs  to  prevent  the  future  fit- 
ting out  privateers  in  the  ports  of  the  United  States,  they  wiil  not 
give  afylum  therein,  to  any  which  fliall  have  been  at  any  time  fo  fitted 
out,  and  will  caufe  rellitution  of  all  fuch  pri/eti,  as  fhall  be  hereafter 
brought  within  their  ports,  by  any  of  the  faid  privateers. 

It  woidd  have  been  but  proper  refpeA  to  the  authority  of  the 
country,  had  that  been  confulted  before  thefe  armaments  were  under- 
taken. It  would  have  been  fatisfadlory,  however,  if  their  fenfc-  ui' 
them,  when  declared,  had  been  duly  accj  liefced  in.  Reparation  t»f  the 
injury,  to  which  the  United  States  have  been  made,  fo  invuluntarily, 
inilrumental,  is  all  which  now  remains,  and  in  this  your  conipliancc 
cannot  but  be  expelled. 

In  confequence  of  the  information  given  in  your  letter  of  the  4th 
inftant,  that  certain  citizens  of  St.  Domingo,  lately  arrived  in  the 
United  States,  were  aflbciating  for  the  purpofcof  undertaking  a  inih'- 
tary  expedition,  from  the  territory  of  ilie  United  States,  againil  that 
ifland,  the  Governor  of  Maryland,  within  which  itate,  the  expedition 
is  underllood  to  be  preparing,  is  inftrufted  to  take  effectual  meafures 
to  prevent  the  fame. 

I  have  the  honor  to  be 
With  grent  refpc6t, 
Sir. 
Your  moil  obedient,  and 
moll  humble  fcn'aiit, 

Th:    JEFFERSON. 


Philadelphia,  Auguil  i6th,  fo.^. 
Mr.    Jeffajcn^  Secretary  nf  SlaU^  ta  Mr.    Morris^  MlnijUr  PUuipo- 
Unttary  of  thi:  Utiited  States  'with  the  Republic  of  .^Vance, 
Sir, 

IN  my  letter  of  June  1 3th,  I  enelofed  to  you  the  eopi's  of  feveral 
letters,  which  had  pafied  between  Mr.  Tcrnaiit,  Mr.  Cv.net,  and 
mvfelf,  on  the  oceurreneea  to  which  the  i)refent  war  had  i{iven  rife 
within  our  ports.  The  objeil  of  this  coinir.u;iicalii>n  was  to  enable 
you  to  explain  the  princiolts  on  which  our  gciivwiiuuciil  \va3  eondud- 
nijj  itfclf  toward;  the  belligerent  pa; ties ;  pvi'.icip.ie.^  wl.ivh  Uiight  not 

K  "         * 


[  74  ] 

in  all  cafea  be  fatisfai^ory  to  all,  but  were  meant  to  he  juft  and  fni- 
partial  to  all.  Mr.  Genet  had  been  then  but  a  little  time  witli  us  ) 
and  but  a  little  more  was  neceflary  to  devclupe  in  him  a  ctiarat^U'v  and 
cojuhn^'t,  fo  unexpected,  and  fo  extraordinary,  an  to  plaee  us  in  the 
moll  diilrening  dilemma,  between  our  nj^ard  for  his  nation,  Nshleh  is 
conilant  and  lincere,  and  a  regard  for  «)iir  lawrf,  the  autho'iy  of  whieli 
muil  be  maintained;  for  the  peace  of  our  eotnilry  whieli  ilie  execu- 
tive magillratc  is  charged  to  prL-ferve  ;  for  ilH  honour,  oflcviticd  in  ti>c 
perfon  of  that  niagillrate  ;  and  for  its  charader  giofoiy  tvaductd  in 
the  converfations  and  letter«  of  tin's  pentlcman.  In  the  eourfe  cf  tli.ff 
tranfadions,  it  lias  been  a  great  comfort  to  us  to  believe,  tliat  none  of 
them  wore  within  the  intentions  or  cxpeCitations  of  bin  employers. 
Thefe  had  been  too  recently  cxprefled  in  nt\n  which  nothing  ccidd 
difcolour,  in  the  lttt4:r,s  of  the  executive  council,  in  the  letters  and  de- 
crees of  tiie  Nutioaal  aHembly,  and  in  the  general  demeanor  of  the 
n.ttion  tuward.i  ui,  to  afcribe  to  them  things  of  fo  contrary  a  charac- 
ter. Our  lirii  duty,  therefore,  was  to  draw  a  itrong  line  between 
their  intentions,  and  the  proceedings  of  their  minifter  ;  our  fccond,  to 
lay  th.)fe  prvKeedings  faithfully  before  them. 

On  the  declaration  of  war  between  France  and  England,  the 
ITiiited  Stales  being  at  peace  with  both,  their  fituation  was  fo  new  and 
unexperiencfd  by  themfelves,  that  their  citizens  were  not,  in  the  firll 
inllant,  feniilile  of  the  new  duties  refultiug  therefrom,  and  of  the  re- 
(Irainta  it  would  impofe  even  on  thar  (l:J'l)ofilions  towards  the  bellige- 
rent powers.  Some  of  them  imagined  (and  chiefly  their  tranfient  fea- 
farinr  citizens)  that  they  were  free  to  indulge  thofe  difpofitions,  to 
take  fide  with  either  party,  and  enrich  themfelves  by  depredations  on 
lb.*  conmierce  of  the  other,  and  were  meditating  enterprizes  of  this 
nature,  as  thtre  was  reafon  to  believe.  In  this  Hate  of  the  public 
nu"nd,  and  before  ii  ihould  take  an  erroneous  diredion,  difficult  lobe 
fet  ri^ht,  and  tlaiii^erour.  to  themfelves  and  their  country,  the  Prefi- 
dv-nt  thought  it  expedient,  thrv)u;;!i  the  channel  of  a  proclamation,  to 
reml.ul  our  fellow  eiii/ens,  that  we  were  in  a  (late  of  peace  with  all 
the  belligerent  powers  ;  that  in  that  ilate  it  was  our  duty  neither  to 
aid  nor  injure  any  ;  to  exhort  and  warn  thtin  againfl  ads  which  might 
contravene  this  duty,  and  particularly  thofe  of  pofuive  hollility,  for 
the  punilhment  of  which  the  laws  would  be  appealed  to  ;  and  to  put 
them  on  their  -^wc^A  a'fj  an  to  the  rllksthev  would  nvA^  if  they  (hould 
attempt  to  cuiy  artielis  of  eoKfrvhiuul  to  -uiy.  This  proclamation, 
ordered  on  the  i(;th,  and  figned  the  2  3d  dty  ef  April,  was  feut  to 
you  in  my  letter  of  the  zTuh  of  the  fame  n<«).ith. 

On  the  day  of  its  j>ii^l:eatio!),  we  reeeived  through  the  channel  of 
the  newfpapers,  tlie  ftrll  intimation  that  Mr.  Genet  had  anived  on  the 
^\.\\  of  the  uAJuih  at  Charleilon,  in  character  of  miniUer  plenipoten- 
tiary from  h's  nntion  to  the  lliuted  Statei,  and  foon  after,  that  he  had 
fcnt  on  t.)  PliiUdelphia,  the  velTili.i  whieli  he  came,  and  would  hini- 
felf  perform  ihe  jouruvy  by  laid.  Wh  landing  at  one  of  the  moil 
diibnt  ports  of  the  Unioa  fvora  hia  points  both  of  departure  and  def- 


[  75  ] 


l)C  juft  and  fm- 
tliiic  witii  tl8  } 
a  charatiiff  and 
place  us  in  the 
attciii,  wliic'li  is 
lio.'iv  of  which 
hii'h  I  lie  cxccn- 
otVciiiicil  in  the 
foiy  tiiuluc»d  in 
:  cunrfc  ot  th.ff 
/c,  ll»at  nonv  of 
his  cmploytrv. 
I  nothing  ctnild 
e  letters  and  do- 
lemcanor  of  the 
it.ary  n  charac- 
ug  hnc  between 
;   our  fccoud,to 

1   England,  the 
)  was  fo  new  and 
;  not,  in  the  firll 
,  and  of  the  rc- 
ards  the  bcllige- 
>eir  tranfient  fea- 
difpofitions,  to 
depredations  on 
itcrprizes  of  this 
tc  of  the  public 
n,  difficult  to  be 
ntry,  the  Prefi- 
)roc1amation,  to 
f  peace  witli  all 
lUity  neither  to 
la  which  mii;ht 
e  hollility,  for 
to  ;  and  to  pnt 
,  if  they  (hould 
|is  prochuTiutiun, 
rH,  was  fcnt  tu 

11  the  channel  of 
ll  arrived  oi\  the 
jUcr  plcnipdtcn- 
ttcr,  that  lie  had 
lisul  would  hini- 
lie  of  thr  molt 
larturc  and  def- 


tination,  was  calculated  to  t\citc  attcnllon,  and  very  foon  aftcrvTardt 
we  IcJirnt  that  he  was  undertaking  to  aiithorife  the  litling  andarminnj 
of  vefFels  in  that  ]K)rt,  enliiliiig  men,  foreigiurs  and  citi/.eoH,  and 
giving  them  commiltions  to  cruifeand  commit  hollilitieson  nations  at 
peace  with  us ;  that  thefe  vcfTels  were  taking  and  brinvnng  prizes  into 
our  poiti  ;  that  the  confulsof  I'rance  were  alluming  to  hold  court •»  of 
adnundty  on  them,  to  try,  condemn,  and  aiithorifc  their  falc  as  legal 
pri/e  ;  and  all  this  before  Mi .  Genet  had  prefcnted  himfelf,  or  his  cre- 
dentials to  the  Prefident,  befo  v  lie  was  received  by  him,  without  his 
confent  or  confultation,  and  directly  in  contravention  of  the  ftate  of 
peace  exilting,  and  declared  tv»  cxift  in  the  Prefidcnt's  proclamation, 
and  incumbent  on  him  to  prcferve  till  the  conllitutional  authority 
fhould  otherwife  declare.  Thefe  proceedings  became  immediately,  as 
was  naturally  to  be  expeftcd,  the  fubjeft  of  complaint  by  the  repre- 
fentative  here  of  that  power  againil  whom  they  would  chiefly  operate. 
The  Britifh  nu'nifter  prcfented  feveral  memorials  thereon,  to  which  we 
gave  the  anfwer  of  May  1 5th,  heretofore  enclofed  to  you,  correfpond> 
ing  in  fubilance  with  a  letter  of  the  fame  date,  written  to  Mr.  Ter- 
nant,  the  minifter  of  France  then  refiding  here,  a  copy  of  which  T 
fend  herewith.  On  the  next  day  Mr.  Genet  reached  this  place,  about 
five  or  fix  weeks  after  he  had  arrived  at  Charleiton,  and  might  have 
been  at  Philadelphia,  if  he  had  llecred  for  it  dircdlly.  He  was  imme- 
diately prtfented  to  the  Prefident,  and  received  by  him  as  the  minister 
of  the  Republic  ;  and  as  the  condutl  before  Itattd  feemed  to  befptak 
a  defign  of  forcing  us  into  the  war,  without  allowing  us  the  exercife 
of  any  free  will  in  the  cafe,  nothing  coidd  be  more  afliiaging  than 
his  aflurances  to  the  Prefident  at  his  reception,  which  he  repeated  to 
me  afterwards  in  converfation,  and  in  public  to  the  citizens  of  Phi- 
ladelphia, in  anfwer  to  an  addrefs  from  them,  that,  on  account  of  our 
remote  lituation  and  other  circumltances,  France  did  not  expetTt  tlu't 
we  (hould  become  a  party  to  the  war,  but  wiflied  to  fee  us  purfuc 
our  profpcrity  and  happinefs  in  peace.  In  a  converfation  a  few  days 
after,Mr.  Genet  told  me  that  M.dcTemant  had  delivered  him  my  letter 
of  May  1 5th  ;  he  fpoke  fomcthing  of  the  cafe  of  the  Grange,  and 
then  of  the  armament  at  Charleilon,  explained  the  oircumljtances  which 
had  led  him  to  it  before  he  had  been  received  by  the  Government,  and 
confulted  its  will,  cxprefred  a  hope  that  the  Prefident  had  not  fo  ab- 
folutely  decided  againil  the  metifure  but  that  he  would  hear  what  was 
to  befaid  in  fiipport  of  it  ;  that  he  would  write  mc  a  letter  on  the  fub- 
jcft,  in  which  he  thought  he  could  julUfy  it  under  our  treaty ;  but 
that  if  the  Prefident  fhould  finally  detcrmiue  o.tiierwife,  he  mull  fub- 
mit :  for  that  ailureiUy  his  inilruv'lions  were  U>  do  what  would  be 
agreeable  to  us.  He  accordingly  wrote  the  letter  of  May  27  ;  the 
Prefident  took  the  cafe  again  into  confideration,  and  found  nothing 
in  that  letter  which  could  fiiake  the  grmitids  of  his  former  decifion. 
My  letter  of  Ju.ie  5M>,  notifying  this  to  him,  his  of  June  8  and  14, 
mine  of  the  lyih  and  his  rgaln  of  the  22d,  wiU  fltow  what  further 
paffed  on  this  fubjetSl  and  that  he  was  far  from  ret.uning  his  (ufpo<^ 
iitioii  to  acquicfce  in  the  ultimate  will  of  the  Prelidenl, 


[  76  ] 


It  would  be  tedious  ti)  purfue  thin  and  our  fubfequcnt  corn-fpoi.. 

dcncies,  through  all  their  details.    Referring  therefore  for  thcfe  to  the 

letters  thcmfclven,  which  (hall  accompany  tluH,   I   will  prcfcnt  a  fum- 

mary  view  only  of  the  points  of  diflercncc   which  have  arifcn,  and 

the  grounds  on  whicli  they -reft. 

,  T       o       if^«   Mr.  GcMft  afTerts  his  rii;ht  of  armin^j  in  our 

Letters,  juneS,      ^         ,    r     ,.(i-  •»•  i  .i   *        i 

M      ^-  P"''^*»  '*""  *"  cnliltmyj  our  cJtr/.ens,  and  that  we  have 

y  •"/•jio  riji^ht  to  reUrain  him  or  p 


June 


/• 


puni(h  tlitni.     Kxamin- 

in;^  this  qucilion  under  the  law  of  nations,   founded 

i .       ,.     f         on  the  general  fcnfe  ajid  ufage  of  mankind,  we  hav( 

*^*  '  "^produced  proofsfrom  the  molt  enlightened  andapproved 
writers  on  the  fubjcd,  that  a  neutral  nation  mull,  in  all  things  rclatin;.^ 
to  the  war,  obfci*ve  an  exact  impartiality  tt)wavd8  the  parties  ;  that 
favours  to  one  to  the  prejudice  of  the  other,  would  import  a  frau- 
dulent ncr^rality,  of  \.hich  no  nation  would  be  the  dupe ;  that  no 
fuccour  ftiould  be  given  to  citi  tr  uv.lefs  llipulatcd  by  treaty,  in  men, 
arms,  or  any  thing  elfc  dircrtly  ferving  for  war  ;  that  the  right  of 
,,^  ,p  ^  railing  troops,  being  one  of  the  rights  of  fovcrcignty, 
,,       I       r"^'    and  confequcntly  ap}X'rtaining  exclurivcly  to  the  nation 

»  3»  •    5*jjfp]f^  p„  foreign  power  or  perfon  can  levy  men,  within 

its  territory  without  its  confent  ;  and  he  who  does  may  be  rightfully 

?»ik1  fevcrely  puniflicd :  that  if  the  ITnited  States  liavc  a  right  to  ve- 

hjfc  the  perininion  to  arm  vcfTeli  and  raife  men  whhin  their  ports  and 

territories,  thiy  are  bound  by  the  laws  c)f  neutrality  to  excreife  thjit 

ri;jhl,   rnd   to   proliibit  fiieh   arni'iments  and  tnlillments.     To  thef'.' 

prif.ciples  of  the  law  of  nations   M  .  (Jcnet  anfwers  by  calling  ll  em 

.  *  dinlomalie  fubtlcties,*  anu  'iiuhorlfmsof  Vattel  and  otht.K.' 

Lut  fomething  111  )"c  than  thi'<  Is  nccefliiry  to  difprove  then\ : 

and  till  thcry  are  difpro\ed,  we  Ivild  it  ccitain  that  the  law  of  nations 

and  the  rules  of  neulrality  forbid  our  permitting  ciUier  party  to  arm 

in   our  ports. 

c-  o         ButMr.Gcnctfavs, that  the 22darticlcofourtrcatv 

n;ric    22.    o.     n         ■  •  ,     y ;  •  .       iin      ■       r 

•'  allows  hmi  rxf^rrhty  tn  ;nrn  in  our  ports.    Why  has  he 

not  quoted  tlie  very  words  of  that  a:tie!e,  rs-prefsl;  allowing  it  ?    For 

that  wouM  have  pnt  an  end  to  all  furtiur  qnellion.     'J'hc  words  of  the 

aiticlt"  aiv,  "  It  ihall  not  b.^  liwfnl  for  nny  foreign  privateers  not  hc- 

lon^jinr;  to  fubjects  of  the  Moit  Chrillian  King,  nor  citizens  of  the  f^id 

Uni^cdlS^.^te8,  who  have  commiflions  fnnn  any  priiice<n"  Hate  in  cnmitv 

with  cither  nalio;i,  to  fit  their  fliips  in  the  ports  <»f  either  the  one  or  thi 

other  of  theafo.efaid  parties."  IVanflate  lliis  from  the  general  terms  in 

-vhich  it  here  Hands,  into  the  fpcc':d  cafe  prodnerd  by  the  prefent  w.nr. 

'*  Priva'.'.cis  not  belonging  to  France  or  the  United  States,  and  liaviii;' 

commi-iions  from  the  enemies  of  on.'  of  thein"are,int}ie  prefent  ftatcof 

things,  •«  Dritifii.Dutcli  rndSpanifli  piivattcrs."  Suldlitutingthefc  thei 

A)r  tliecr;!tivalcnt  tcims,  il  will  <!and  thus,  "  It  fliallnotbe  lawful  f'  v 

firitifh, Dutch  or SpaniOi  privateer  ,jlolit  their  (iiips  in  thcpc»rl«;  of  tl' 

TJnited  Staltr."   Is  thi-^  an  csprrfs  pcrmiRion  to  France  to  do  it  ?  Does 

thf  ncff  live  to  the  enrmief  of  Fr.Mue.  and  filcnre  as  to  France herfelf. 


[  77  ] 


cuts.  To  thcf'. 
by  callin^j  ll  cm 
itlel  and  otbti>:.* 


imply  an  affirmative  to  Fiance  ?  Certainly  not  :  h  leaves  the  quediou, 
as  to  France,  open  and  free  to  be  decided  accordin^r  to  circuinilances  j 
and  If  the  parties  had  meant  an  ailirmative  Uipulalioii,  they  xsiiuld  have 
provided  for  it  exprcfsly  ;  they  would  never  have  left  fo  important  a 
point  to  be  inferred  from  mtrc  filencc.or  implication.  8uppofc  tluy 
had  di'lired  to  llipulate  a  refiifal  to  tlicir  entniii  s,  but  nothing  aj  to 
theinfelves  ;  what  form  of  cxpreflion  would  they  have  iifed  ?  (Jeitaiuly 
the  one  tliey  have  ufed  ;  an  exprefs  ftipulation  as  lo  tluir  enemies,  and 
liltnce  as  to  themfeKes.  And  fuch  an  intention  torrcfpond:;  not  only 
with  the  words,  but  with  the  ciicumllances  of  the  timc!..  It  was  of 
value  to  each  patty  to  exclude  its  enemies  from  nrmitijr  in  the  ports 
of  the  other,  and  could,  in  no  cafe,  embarrafs  them.  They  therefore 
llipulated  fo  far  mutually.  But  each  mi^ht  be  tinbanaffed  by  per- 
mitting the  other  to  arm  in  its  ports.  Tliey  therefore  would  not  llipu- 
late to  permit  that.  Let  us  go  back  to  the  ftate  t)f  tilings  in  France 
when  this  treaty  was  made,  and  we  Oiall  find  fevcral  cafes,  wherein 
France  could  not  have  permitted  us  to  arm  in  her  j)orls.  Suppofc  a  war 
between  theft  ftates  and  Spain.  We  know,thnt  by  the  treatie::  between 
France  and  Spain,  the  fornwr  could  not  permit  the  enemies  of  the  lat- 
ter to  arm  in  her  ports.  It  was  honell  in  her,  therefore,  not  to  deceive 
us  by  fuch  a  itipulation.  Suppofe  a  war  between  thefc  flates  and  Great- 
Britain.  By  the  treaties  between  Fr.mcc  and  Great-Britain,  in  force 
at  the  iignature  of  ours,  we  could  not  have  been  permitted  to  arm  in 
the  ports  of  France.  SVe  could  not  then  have  meant,  in  this  article, 
to  give  us  fuch  a  right.  She  has  manifefted  the  fame  fenfc  of  it  ag;  ;n, 
in  her  fubfequent  treaty  with  England,  made  eight  years  after  the  date 
of  ours,  ilipulating,  in  the  i6th  article  of  it,  as  in  our  2 2d,  that 
foreign  privateers,  not  being  fuhjedt  of  either  crown  ^  fiiould  not  arm  againll 
either  in  the  ports  of  the  other.  If  this  had  amounted  to  an  ailirma- 
tive Itipiilation,  that  the  fiibjeAs  of  the  other  crown  might  arm  in  her 
ports  a^ainjl  us,  it  woidd  have  been  in  diredil  contradittion  to  her  2  2d 
article  with  us.  So  that,  to  give  to  thefe  negative  (lipulations  an  af- 
firmative effect,  is  to  render  them  inconfiftent  with  cadi  other,  and 
with  good  faith  :  To  give  them  only  their  negative  and  natural  effeeH, 
is  to  reconcile  them  to  one  another,  and  to  good  faith,  and  is  clearly 
to  adopt  the  fenfe  in  which  France  herfelf  has  expounded  them.  \Vc 
may  jiiiUy  conclude  then,  that  the  article  only  obliges  us  to  refufe  this 
right,  in  the  prefent  cafe,  to  Great-Britain  and  the  either  enemies  of 
Fn'iice.  It  does  not  go  on  to  give  it  to  France,  either  expr«,fsly  or 
by  implication.  We  may  then  refufe  it.  And  fince  we  are  bound  by 
treaty  to  refufe  it  to  the  one  party,  and  are  free  to  refufe  it  to  the  other, 
we  are  bound  by  the  laws  of  neutrality,  to  refufe  it  to  that  other. — 
The  aiding  either  party  then,  with  veflels,  arms  or  men,  being  unlaw- 
ful by  the  law  of  nations,  and  not  rendered  lawful  by  the  treaty, 
it  is  made  a  qucftion,  Whether  our  citizens,  joining  iii  thefe  un- 
lawful enterprizes,  may  be  pun  idled  ?  The  United  States,  being 
in  a  Hate  of  peace  with  moft  of  the  belligerent  powers  by  treaty,  and 
with  all  of  them  by  the  laws  of  nature,  murders  and  robberies,  com- 
mitted by  our  citizens,  within  our  territory,  or  ou  the  high  fcas,  on 


[  78  ] 

tlu)f«'  wit!>  wh<>m  wrare  fo  at  laact*,  urc  punifhable,  equally  as  if  com* 
Miittetl  on  our  uwu  inlnbitants.  If  I  mi<rlit  vtriiturc  to  rcafoii  a  little 
forniallyt  without  In  ing  charged  with  running  into  **  fubtltrtiea  and 
Hphorii'ms,"  1  \vi)iild  fay,  tliat  if  one  citi/.en  has  a  right  to  go  to  war 
of  his  own  auihority»  fvcry  citizen  has  the  fame.  If  every  citi/en 
has  that  right,  tlien  the  nation  ^which  ii  coinpofed  of  nil  its  citizens) 
has  a  right  to  go  to  war,  by  the  authority  of  its  individual  citizens. 
But  thiB  18  not  true,  either  on  the  general  principlei)  of  focicty,  or  by 
our  conilitutioii,  which  gives  that  power  to  congrefs  alone,  and  not 
to  the  citi/.enH  individually.  Then  the  Hrll  pofitioci  was  not  true ; 
and  no  citi/.en  has  a  right  to  go  to  war  of  his  own  authority  ;  and 
for  what  he  does  without  right,  he  ought  to  be  puniOied.  Indeed 
uotliing  can  be  more  obviouHy  abfurd,  than  to  fay,  that  all  the  citizens 
may  be  at  war,  and  yet  the  nation  at  peace.  It  has  been  pretended, 
indeed,  that  tho  engagements  of  a  citizen,  in  an  cnterprize  of  this  na- 
ture, was  a  divethnent  of  the  charadler  of  a  citizen,  and  a  transfer 
of  jurifdiittion  over  him  to  another  fovereign.  Our  citizens  are  cer- 
tainly free  to  dived  themfelves  of  that  character,  by  emigration,  and 
otlur  ads  tnatiifelling  their  intention,  and  may  then  become  the  fub- 
jsiSts  of  aiu)ther  power,  and  free  to  do  whatever  the  fubjeds  of  that 
power  may  do.  But  the  laws  do  not  admit,  that  the  bare  commiflioii 
of  a  crime  amounts  of  itfelf  to  a  divellment  of  the  charadter  of  a  citizen, 
and  withdraws  the  criminal  frf)m  their  coercion.  They  would  never 
prefcribe  an  illegal  adl  among  the  legal  modes  by  which  a  citizen  might 
dr.franchife  himielf;  nor  render  treafon,  for  inftance,  innocent,  by 
giving  it  the  force  of  the  diffolution  of  the  obligations  of  the  criminal 
to  his  country.  Accordingly,  in  the  cafe  of  Henfield,  a  citizen  of 
thefe  dates,  charged  with  having  engaged,  in  the  port  of  Charledon, 
in  an  enterprize  againll  nations  at  peace  with  us,  and  with  having  join- 
ed  in  the  adlual  commiflion  of  hodilities  ;  the  Attorney-Genend  of 
the  United  States,  in  an  official  opinion,  declared,  that  the  a6t,  with 
which  he  was  charged,  was  puuifhablc  by  law.  The  fame  thing  has 
been  unanimoufly  declared  by  two  of  the  circuit  courts  of  the  United 
States,  as  you  will  fee  in  the  charges  of  Chief  Judice  Jay,  delivered  at 
Richmond,  and  Judge  Wilfon,  delivered  at  Philadelphia,  both  of  which 
are  herewith  fent.  Yet  Mr.  Genet,  in  the  moment  he  lands  at 
Charledon,  is  able  to  tell  the  Governor,  and  continues  to  affirm  in  his 
correfpondence  here,  that  no  law  of  the  United  States  authorifes  their 
government  to  redrain  either  its  own  citizens,  or  the  foreigners  in- 
habiting its  territory,  from  warring  againd  the  enemies  of  France.  It 
18  ti-ue,  indeed,  that  in  the  cafe  of  Henfield,  the  jury  which  tried,  ab- 
folved  him.  But  it  appeared,  on  the  trial,  that  the  crime  was  not 
knowingly  and  wilfully  committed  ;  that,  Henfield  was  ignorant  of  the 
unlawfuluefs  of  his  undertaking ;  that  in  the  moment  he  was  apprifcd 
of  it,  he  (ijowed  real  contrition  ;  that  he  had  rendered  meritorious  fcr- 
vicen  during  the  late  war,  and  declared  he  would  live  and  die  an  Ame- 
rican. TiTe  jury,  therefore,  in  abfolving  him,  did  no  more  than  the 
condilutional  authority  might  have  done,  had  they  found  him  guilt)'; 


[  79  ] 


'qiially  an  if  com- 
to  rcal'oii  a  little 
**  I'ubtlctiea  and 
^lit  to  go  to  war 
If  every  citi/cn 
f  nil  its  citizens) 
dividual  citi/.ens. 
of  focicty,  or  by 
'h  alone,  and  nut 
u   was  not  true ; 
authority  ;  and 
iniihcd.      Indeed 
at  all  ttie  citizens 
been  pretended, 
rpri/e  of  this  na- 
il, and  a  transfer 
citizens  are  ccr- 
emigration,  and 
become  the  fub- 
fubjedls  of  that 
bare  commiflloii 
a£ler  of  a  citizen, 
hey  would  never 
h  a  citizen  might 
:e,  innocent,  by 
IS  of  the  criminal 
eld,  a  citizen  of 
of  Charlelton, 
ith  having  join- 
rney-Gcncral  of 
at  the  a£l,  with 
fame  thing  has 
8  of  the  United 
ay,  delivered  at 
,  both  of  which 
nt  he  lands  at 
to  affirm  in  his 
authorifes  their 
e  foreigners  in- 
of  France.    It 
hich  tried,  ab- 
crime  was  not 
■ignorant  of  the 
le  was  apprifcd 
leritorious  fer- 
id  die  an  Ame- 
Imore  than  the 
id  him  guilt)' i 


the  conllitution  having  provided  for  the  pardon  of  ofFenccH  in  certain 
cafes,  and  there  being  no  cafe  where  it  could  have  been  more  pmper 
than  where  no  offence  was  contemplated.  Henlield,  therefore,  wan  Uill 
un  American  citizen,  and  Mr.  Genet's  reclamation  of  him,  was  as  un- 
Buthorifed  as  the  fnil  enlillmcnt  of  him. 

2(1.  Another  dodtrine  advanced  by  Mr.  Genet  Is,  That  our  court  <«  can 
take  no  cognizance  of  quellions,  Whether  veffels  heldhy  thiirs  as  p; i/.i», 
arc  lawful  prizes  or  not  :  That  this  jurifdid^ion  belongs  cxcliilively  to 
their  confulates  here,  whiah  have  been  lately  creeled  by  the  National 
Allembly,  into  complete  courts  of  admiralty. 

Let  us  conlider,  hrlt,  What  is  the  extent  of  the  jurifdidb'on  which 

the  confulates  of  France  may  rightfully  exercife  here.      Every  n:iti*>n 

has  of  natural  right,  entirely  and  exclufively,  all  the  jurifdic^ion  which 

may  be  rightfully  exercifed  in  the  territory  it  occupies.      If  It  cede* 

any  portion  of  that  jurifdi£tion  to  judges  appointed  by  anotlur  nation, 

tlie  limits  of  their  power  mult  depend  on  the  inllrumeitt  of  ceflion. 

The  United  States  and  France  have,  by  their  confular  convention, 

given  mutually  to  their  confuls,  jurifdidtion  in  certain  cafes  f{>ecially 

enumerated.     But  that  convention  gives  to  neither  the  power  u{  ella- 

blilhing  complete  courts  of  admiralty  within  the  territory  of  the  other, 

nor  even  of  deciding  the  particular  quellion  of  prize  or  not  prize.  The 

confulates  of  France  then  cannot  take  judicial  cognizance  of  thofe  quef- 

tions  here.     Of  this  opinion  Mr.  Genet  was  when  he  wrote  his  letter 

of  May  27th,  wherein  he  promifes  to  correA  the  error  of  the  conful  at 

Charlefton,  of  whom,  in  my  letter  of  the  1 5th,  I  had  complained,  as 

arrogating  to  himfelf  that  jurididion,  though,  in  his  fubfequciit   let- 

jv  ters,  he  has  thou;;ht  proper  to  embark  iu  tiie  errors  of 

lunc    14.  22.  , .  .•  I  t»     1     r 

"J  ^  his  conluls. 

But  the  United  States,  at  the  fame  time,  <U»  not  pretend  any  right 
to  try  the  validity  of  captures  made  on  the  h'tghfeiis  by  France,  or  any 
other  nation,  over  its  enemies.  Thefe  quellions  belong,  of  common 
iifagc,  to  the  fovereign  of  the  captor,  and  whenever  it  is  nvcefiary  to 
determine  them,  refort  mull  be  had  to  his  courts.  Tin's  is  the  cafr 
provided  for  in  the  1 7th  article  of  the  treaty,  which  fays,  that  fuch 
prizes  Ihall  not  be  arrelled,  nor  cognizance  taken  of  the  vah'dity  there- 
of ;  a  Itipulation  much  infilled  on  by  Mr.  Genet  and  the  confult,  and 
which  we  never  thought  of  infringing  or  queftioning.  i\;5  the  validi- 
ty of  captures  then,  made  on  the  high  fais^  by  France  tiver  its  enemies, 
cannot  be  tried  within  the  Unitecl  States  by  their  confuls,  fo  neither 
can  It  by  our  courts.  Nor  is  this  the  queltion  between  us,  tho'  we 
have  been  milled  into  it. 

The  real  quellion  is.  Whether  the  United  St.ites  have  not  a  right 
to  proteA  velfels  within  their  waters,  and  on  their  coalls  ?  The  Grange 
was  taken  within  the  Delaware,  between  the  fliores  of  Jerfey  and  of 
the  Delaware  Uate,  and  feveral  miles  above  its  mouth.  Tlie  feizing 
her  was  a  flagrant  violation  of  ^hc  jurlfdi«ftlon  of  the  United  States. 
Mr.  Genet,  however,  Inilead  of  apologizing,  taker,  great  mrrit,  in  his 
letters,  for  giving  her  up.     The  W^iliiam  is  faid  to  havi'  b'.vn  tak'.  n 


[  80  ] 


ivithin  two  miles  of  the  fliores  of  the  United  States.  When  the  ad- 
miralty declined  cognizance  of  the  cafe,  flie  \vzs  delivered  to  tlK?  French 
conful,  according  to  my  letter  of  June  25th,  to  be  kept  till  the  exi- 
outivc  of  the  United  States  ihould  examine  into  the  cafe  ;  and  Mr. 
Otnet  was  dchred,  by  my  letter  of  June  29th,  to  have  them  furnilhed 
with  the  evidence,  on  behalf  of  the  captort),  as  to  the  place  of  capture. 
Yet,  to  this  day,  it  lias  never  been  donr.  The  brig  Fanny  was  alleged 
to  be  taken  within  five  miles  from  our  Ihorc.  The  Catharine  within 
two  mik-8  and  a  half.  It  is  an  eflVntial  attribute  of  the  jurifdidion  ot 
every  country,  to  prefer ^e  peace,  to  pnr.ifh  ads  in  breach  of  it,  and 
to  rellorc  property  taken  by  force  within  its  limits.  Were  the  armed 
vcffel  of  any  nation,  to  cut  away  one  of  our  own  from  the  wharves  of 
Philadelphia,  and  to  choofe  to  call  it  a  prize,  would  this  exclude  us 
from  the  right  of  redrefling  the  wrong  ?  Were  it  the  veflel  of  another 
nation,  are  wo  not  ecpially  bound  to  proted  it,  while  within  our  limits  r 
\Vere  it  feized  in  any  other  waters,  or  on  tlie  fhores  of  the  United 
•States,  the  right  of  redrtlfing  ii  IHIl  the  fame  :  And  humble  indeed 
would  be  our  condition,  were  we  obliged  to  depend,  for  that,  on  the 
will  of  a  foreign  conful,  or  on  ncgocialion  with  diplomatic  agents. 
Accordingly,  this  right  of  prottdion,  within  its  waters,  and  to  a  rea- 
fonable  dillance  on  its  coaib,  ha.^.  been  acknowledged  by  every  nation, 
and  denied  to  none  ;  and  if  the  property  feizcd  be  yet  within  their  pow- 
er, It  is  their  right  and  duty  to  redrefa  the  wrong  then.felvcs. — France 
herfelf  hasafTcrted  the  riglit  in  herfelf,  and  recognized  it  in  us, in  the  6th 
.niicle  of  our  treaty  ;  where  we  mutually  flipulate,  that  wc  will,  by  nil 
the  weans  hi  our  powei^  (nut  by  negoeiation)  proted  and  defend  each 
other's  veflfcls  and  cffed.s,  in  our  ports  or  roads,  or  on  the  feas  rear 
rnir  countries,  and  recover  and  rellore  tlie  fame  to  the  right  owners. 
The  ITnited  Netherlands,  Pruflia  and  Sweden,  have  recognized  it  alfo, 
in  treaties  with  us :  and  indeed  it  is  a  (landing  formulc,  inferted  in 
a! moll  all  the  treaties  of  all  nationa,  and  proving  the  principle  to  be 
c'.cknov.  ledged  by  all  nations. 

How,  and  by  what  organ  t)f  the  government,  whether  judiciary  or 
executive,  it  ftiall  be  redreffed,  is  not  yet  perfedly  fettled  with  us.  On^' 
of  the  fubordinate  courts  of  admiralty,  ha;;  been  of  opinion,  in  the  full 
inllance,  in  the  cafe  of  the  fl'.Ip  William,  that  it  dtKs  not  belong  to  the 
judiciar)'.  Another,  perhaps,  may  be  of  a  contrary  opinion.  Tin' 
quellion  is  Uill  fuh  juJicr,  and  ai»  appeal  to  tiie  court,  of  lall  refcrt, 
will  decide  it  fmally.  If,  finally,  the  judiciary  fhall  declare,  that  it 
doth  not  belong  to  the  nW authority,  it  then  rcfults  to  the  e.';ecutive, 
charged  with  the  diredion  of  the  nulUary  force  of  the  union,  and  tlif 
condud  of  its  alfairs  with  foreign  nations.  But  this  Is  a  mere  quelli(-!i 
of  internal  arrangement,  bwtw..en  the  dlffereni  dcp'Mtnu'iitj  of  the  jf.i- 
vernment,  depending  on  the  particular  didion  of  t..e  luwu  and  coiillitii- 
tion  ;  and  it  can  in  no  wife  concern  a  funign  nation,  to  which  depart- 
mc'.it  tlufe  have  deloo^atcd  it. 

5d.  Mr.  Genet,  in  lu:<  lortcr  of  July  9th,  requires  that  tlie  (lip  Jimr, 
which  h'.'  cnib  aa  Iv.iglitli  p»ivafecr,  ihaJl  \y:  ImnK'diately  onlcred  t>) 


dcp< 
wln'( 
fitt 

Tidl 

been 

llatt 

to  t:; 

m:iie; 

jirine' 

[.'..ttt 

•e.ico 


[  8i  ] 

<!cpart  ;  and  to  jiiRify  this,  he  appeals  to  the  2 2d  article  of  our  treaty, 
which  j)rovidos,  that  it  (hall  not  be  lavvful  for  any  foreign  prkHtlitr  to 
tit  tlicir  (hips  in  our  ports,  to  fell  ivhd:  they  have  tale/i,  or  purchafc 
tictuali!,  5cc.     The  Ihip  Jaic  is  an  Englilh  merchant  vefTel,  which  has 
hctn  many  years  employed  in  the  commerce  between  Jamaica  and  thel'e 
ilatci.    She  brought  here  a  cargo  of  proiliicc  from  that  idand,  and  was 
to  take  away  a  cargo  of  flour.      Knowing  of  the  war  when  (lie  left  Ja- 
innlca,  and  that  our  coall  was  lined  with  fmall  French  privateers,  ihe 
.irini'd  foi-  her  defence,  and  took  one  of  thofe  conimillioiis  ufually  called 
[/.Uens  of  Manpie.     She  arrived  here  fafely,  without  having  had  any 
•fiu-ounter  of  an;  fort.     Can  it  be  neceflai-y  to  fay,  that  a  merchunt- 
vcflol  is  not  a  privateer  ?  That  though  (lie  Itas  arms  to  defend  hcrfelf  in 
time  of  war,  in  WC  courfe  of  her  regular  commerce,  this  no  more  makes 
lijr* privatetr,  than  a  huflvuiJman  following  his  plough,  in  time  of 
.•  ir,"^«'ith  a  knife  or  pillo!  in  his  pocket,  is  thereby  made  a  foldicr  ? 
Tiie  occ.ipatioii  of  a  privateer  is  to  attack  and  pluiukr  ;  that  of  a  mcr- 
cluuit  wlTil  i.i  commerce  and  fi-lf-prcfcivation.     The  article  excludes 
tfiL'  former  from  our  ports,  and  from  felling  ivhai  Jhe  bus  talen,  that 
is,  what  ihe  has  lincpn'rcd  oy  w.n*,  to  Ihow  it  did  not  mean  the   nier- 
rlunt  veHll,  and  u  hat  flic  had  acijuired  by  commerce.    Were  the  nier- 
ehatit  veflels,  coming  f)r  our  produce,  forbidden  to  have  any  am^.s  for 
their  defence,  every  adventurer  who  has  a  boat,  or  money  enough  to 
buy  one,  wovdd  make  her  a  privateer  ;  our  couils  would  fwarm  with 
them,  foreign  vefTels  mud  ceafe  to  come,  our  commerce  mufl,  be  fup- 
prefltd,  our  produce  remain  on  our  hands,  or  at  leall  that  great  por- 
tion of  it  which  we  have  not  vefTels  to  carry  away,  our  ])lv)ughs  mull 
be  lai  1  afide,  and  agriculture  fufpended.     This  is  a  iaaatice  no  treaty 
could  ever  contemplate,  and  which  we  are  not  difpofcd  to  make  out  of 
mere  compj^ifance  to  a  fidfe  definition  of  the  term  privateer.     Finding 
that  the  Jane  had  pnrchafed  new  carriages  to  mount  two  or  three  ad- 
ditional guns,  which  flie  had  brought  in  her  hold,  and  that  (he  had 
opened  additional  port -holes  for  theri^  the  carnages  were  ordered  to  be 
ulanded,  the  additional  port-lioles  Hopped,  and  her  means  of  defence 
leduced  to  be  exactly  the  fame  at  her  departure,  as  at  her  anival. 
This  was  done  on  the  general  principle  of  allowing  r.o  party  to  arm 
within  our  ports. 

4th.  The  17th  article  of  oiu*  treaty  leaves  armed  vefTels  free  to  row- 
//.7<7,  \\«liitherfoever  vhey  pleafe,  the  (liips  and  goods  taken  from  their 
tnemitw,  without  paying  any  duty,  and  to  depart  and  be  conduced 
f  cAy  to  the  places  exprofltd  in  their  conmiilhon;!,  which  the  captaia 
f;i.i!l  bo  obliged  to  fliow.  It  is  evident  that  this  article  does  not  con- 
t  inplate  a  freedom  to  ftJl  ihilr  />ns:.es  hen-  ;  but,  on  the  contrary,  a 
i-  ■M-ltnr  to  ftime  other  ph  ce,  always  to  be  exprelTed  in  thi'ir  con\mif- 
iN)n,  where  their  validity  is  to  be  fiually  adjudged.  In  fuch  cafe,  it 
would  be  as  unreafonable  to  demand  duties  on  the  goods  they  had 
tuken  from  an  enemy,  as  it  would  be  on  the  cargo  of  a  merchant  vclTel 
touching  in  our  ports  for  refrcflunent  or  advices.     And  againft  tUi» 


[    82    ] 

(lie  artic!*.*  pn.vKlca.  iiiit  the  armed  \^^i\'^:]^  of  F.ajjoc  l»avc  been  alfn 
iul/nittcd  to  laiul  and  ftl!  tliLir  prize  gi'Oili  here  lur  cor.l'umptum  ;  in 
whieli  tate,  it  is  a.,  veafjnable  they  ihoi'.ld  pay  dutie;;,  as  the  goods  ot" 
a  mcvciiautincii,  lai^ded  ami  Told  for  conliiinpliun.  They  have,  how- 
ever, demanded,  ais<!  as  a  r.jutti./  of  rijjht,  to  fell  them  tree  of  duty  ; 
»  right,  ihcy  ftv,  ){i"-eii  by  this  iiiliele  of  the  treaty,  though  the  ar- 
ticle docs  not  ^(ive  ilie  light  to  fell  at  all.  ^^'here  a  treaty  docs  not 
;{Ivc  the  principal  right  of  felling,  the  additional  one  of  felling  dut) 
free,  cannot  be  given  ;  and  the  laws,  in  admitting  the  principal  right 
of  felL'ng,  may  withliold  the  additional  one  of  felling  duty  fret.  It 
mud  be  ohfcrval,  thut  our  revenues  are  raifed  almoll  wholly  on  im- 
ported  goods.  Suppofc  prize  goods  enough  fliould  be  brought  in  to 
iupply  our  whole  confuniption.  Aceoiding  to  tllf|pr  ct)tillru^lioi!, 
we  are  to  lofe  oi:r  whole  revenue.  I  put  the  extreme  cafe,  to  tvJ^Kv 
more  extremely  the  unreafonablenefs  of  the  claim.  Partial  fiMpii.« 
woidd  uiiect  tiie  revenue  but  partially.     They  would  lellen  llie  evil, 

but  not  the  error,  of  the  conilrudloii.     And  I  believe  we  mav  fav 

•  •    •  .  "*      ' 

with  truth,  that  neither  party  luid  it  m  eoiitempuilion,  when  j;inninjj 

this  article,  to  abaridon  any  part  of  its  revenue,  for  the  cucourageincia 
of  the  fea-robln-rs  of  the  olhev. 

5th.    Another  fource  of  ct)mpialrtt  with  Mr.  Cciut,  has  hcc,  that 
the  EiigFlh  talce  French  gooils  out  ofi\mciIea;i  vclll!;;,  which,  he  fav  , 
lA  agaiiili  the  law  of  nations,  and  ought  to  be  prevented  by  us.     On 
the  contrary,  we  fuppofe  it  to  have  bee.J  long  an  ellahlilhed  princi|:I: 
<>f  the  law  of  nations,  that  the  j;ood;i  of  a  friend  arc  fret  in  an  ene- 
my's velftl,  and  an  enemy's  goods  lawful  prize  \i\  tlie  vcffel  of  a  friend. 
'I'he  inconvenience  of  this  principle,  which  fid)jeds  merchant  vtfic-h 
to  be  iloj>ped  at  fea,  fearched,  rar.facked,  led  out  of  their  courfc,  h:i< 
indi  nd  ff\eral  nation;;  latterly  to  llipulate  againlt  it  by  treaty,  and  tu 
fubltitkite  another  i.>  its  Head,  that  free  bottom;',  ihall  make  free  gotxls 
and  enemy  bottoms,  enemy  gi.odi ;  a  rule  equal  to  the  (-ther  lu  poim 
of  lofi  and  gain,  but  lefs  oj.prefllve  to  comu'.erce.     As  far    as  ii  has 
btca  ir.troduced,  it  dipendo  on  thr  treaties  lh'}>u]at!ng  it,  and  forn'.-. 
cxceptiii.is  in  fpeda!  cafe:;  to  the  gen(  ral  operation  of  the  law  of  na- 
tions.     Wc  hu\e  introduced  it  into  our  treaties  with  France,  Kolhind 
and  Prullia  ;  the  French   guodu  found  by  the  two  latter  natiun*?  i  i 
Americaii  bottoir.;,  arc  ;:ot  made  pri/.e  of.     It  Is  our  wiflt  to  cflablldi 
it  with  other  natio*i"..     But  this  requires  th.eir  confent  alfo,  I;;  a  woix 
of  time,  and  In  the  tr.eai  wliile  they  have  a  righ.t  to  avl't  on  thf  p.e'ie- 
ral  principle,  v. .'thort  gi\iug  to  ur,  or  to  rrance,  cauft  of  cou^plaint. 
Nor  ilo  I  fee  that  France  can  lofe  by  it  on  the  whole.     For  lhon^;li 
Ihc  lufes  /.nr  giK,«ds  whrn   fom.d   iu  our  vePlls,   by  the  natiuiK.  with 
whom  vvj  ln\e  notrvati-,..  ;  vet  Jhe  gairs  our  goods,  when  fo'nid  in 
the  vtirfls  of  the  fanu*,  and  al'  otherncllons  :  and  we  believe  the  latter 
mafc  to  bt  greater  than  the  former.      It  is  to  be  lamented,   inderd, 
th..t  the  genera!  prii  eiple  has  operated  fo  cruelly  ia  the  dreadful  cala- 
mity which  has  lately  happened  in  Si.  Domingo.     The  mifrranle  fu;7'- 
live.s,  who,  to  (u\c  iluir  li\eN,  I  .id  talieu  afvlum  in  ^/.a-  vcfle!. ;  with  fuch 


[  «3  ] 


\aiiinl)fe  and  portablr  tlunga  as  could  be  gathered  in  the  moment,  out 
of  thi-  nihcs  of  their  I'.out'er.,  and  wrecks  of  their  fortunes,  have  been 
nhindorcd  of  thefc  remains  by  tht-  b'eenfed  fearovers  of  their  eneniica. 
'i'his  has  fwi'lled,  on  this  oceafion,  the  difadvantatrcs  of  tlie  general 
prineipl.-,  that  an  *  enemy's  goods  are  free  prize  in  the  vefill  of  a  trieiu!." 
But  it  IS  one  of  thofe  deplorabl.-  and  unforefcen  cahnv.ities  to  whieh 
thev  t^pc'fe  thenifelves  who  enter  into  a  llate  of  war,  fiiniiftiin<j  to  us 
an  awful  leflon  to  avoid  it  by  judiee  and  moderation,  and  not  a  cnufe  or 
cneoinagemcnt  to  exjMjfe  <uir  towns  to  the  fame  buriiiujjs  and  buteheries, 
nor  oi' coi!i»)li'.int,  bcei'ifv  we  do  not. 

M\.  In  a  eafe  hke  tlic  iirefent,  where  the  nuOionitrv  of  one  troveni- 
ment  eonilnn-n  (jilVeivnlly  from  tl.at  to  which  he  is  fenl,  tl\e  trcatiei 
and  law;?  uhicli  are  to  form  a  common  rule  of  a(^i!on  for  botli,  it  would 
be  unjiid  in  either  to  claim  an  exclufive  right  of  conflrudion.  Each 
nali&n  hn3  an  e(ju;il  light  to  expound  the  mv'f.ning  of  their  common 
r.iles  ;  and  rciGin  and  uf^ge  have  cllablillied,  in  fueii  cafe;?,  a  convenient 
and  well  uiidcrlb)t)d  train  of  proceeding.  It  is  the  right  and  d.ily  of 
ihc  foreign  milfionary  to  urge  hia  own  conftruclions  ;  to  fuppoi  t  them 
wnth  reafons  whieh  may  eonviiice,  and  in  terms  of  jleeency  ainl  refj^ct 
which  may  rcctjucile  the  governwient  of  the  country  to  a  concurrence. 
It  is  the  duty  of  that  government  to  lillen  to  his  reafonings  with  at- 
tention and  candor,  and  to  yield  to  them  when  juH.  Rut  if  it  (hall 
llill  appear  to  them,  that  reaibn  and  right  are  rot  on  their  lide,  it  fal- 
lows of  neccflity,  that,  exercifing  tlu' fovercgii  |M)wer8of  the  country, 
they  have  a  right  to  proceed  on  their  own  eon llru*!'^ ions  and  coiulu- 
f'ons  as  to  whatever  is  to  be  done  within  their  limits.  The  miniJltr 
then  refers  the  cafe  to  hiii  own  government,  ail:s  new  inflrudiona,  and 
in  the  mean  time  acquiefces  in  the  ;:uthority  of  the  co'intry.  Hi?  go- 
vcnnncnt  examines  his  conltru(itions,  abandons  them,  if  wrong,  iniiiU 
en  them,  if  right,  and  the  cafe  then  lieeomes  a  matter  of  negoc!ati«>n 
between  the  two  nations.  Mr.  (jenet,  however,  adinnes  a  new  and  a 
h'>lder  line  of  conduct.  After  deciding  for  hiiiifelf  idiimaliK  ,  :m\  with- 
out rffper^  to  the  authority  of  the  country,  he  pr<;ceeds  t»>  di>,  what 
rven  his  f(tvereign  could  not  authorife  ;  to  put  hiinfelf,  within  the  conn- 
iiv,  on  a  line  with  its  government,  a(^t  as  co-fovi  reij'n  ot  the  lenitcnv, 
arms  vefielr-,  levies  nun,  gi\es  eommillions  of  war,  indipendenilv  of 
t'i-m,  and  in  direct  o])polition  to  their  orders  and  efforts.  When  the 
i^ovcrnment  forl/ids  their  citi/ens  to  arm  and  engage  in  the  wr.r,  he 
iMidertakes  to  arm  and  engage  thrm.  When  they  ft)rbid  vefrdstobe 
'itted  in  their  ports  for  cruiling  on  nations  with  uhop^  they  rue  at 
}>eae<.',  h.e  conuniirnms  them  to  fit  and  crui/e.  Wltcn  they  tort-Jd  an 
uncedcd  jurifdiition  to  be  cxercifed  within  their  temlory  by  foreign 
ai;e:Uj-,  he  undertakes  to  uphold  tluit  exereife,  and  to  avow  it  «)j>enly. 
Tiie  privateers  Citi'^.en  Ge.act  and  Sans  Culottes,  having  been  fitted 
out  at  Charleflon  (though  without  permifiion  of  the  go%i nuneiit,  y»'t 
Wfn.*-  it  was  forbidden)  the  Prelident  only  reqin" red  they  miglst  Icavr 
our  ports,  and  did  not  interfere  with  their  prizes.  Inflead,  lumever, 
of  their  quitting  om*  poits,  the  Sann  Culollti  remains  Uill,  llien^'lben- 


[  84  ] 

Ing  and  equpping  herfclf ;  and  the  Citizen  Genet  went  out  only  to 
crui/.c  on  our  coalt,  and  to  brave  the  authority  of  the  country  by  re- 
turning into  port  again  with  her  pri/.cs.     Thouglj  in  the  letter  of  Juno 
5th,  the  liiKil  determination  of  the  I'refident  was  CDminunicated,  that 
fio  future  armumentb  in  our  ports  fhould  be  permitted,  the  Vaiiuiucur 
dela  Baflille  was  afterward;*  equipped  and  commiflioned  in  Charlcllou, 
the  Anti-Ccorge,  in  Savannah,  the  Carmagnole,  in  Delaware,  a  felioo. 
ner,  and  a  floop,  in  Bollon,  and  the  Polly  or  Republican  was  attrmpUd 
to  be  equipped  in  New- York,  and  was  the  fubjeiit  of  reclamation  by 
Mr.  Genet,  in  a  Uyle  which  certainly  did  not  look  like  reliiu|uifiiii.;^' 
the  practice.    The  IJttle  Sarah  or  Little  Democrat  was  armed,  equi))- 
pcd  and  maimed,  in  the  port  of  Philadelphia,  under  ilic  very  eye  (»i 
the  government,  and  as  if  meant  to  infult  it.     Having  fallen  down  the 
river,  and  being  evidently  ©n  the  point  of  departure  tVi^  acrni/c,  Mr. 
Ginet  was  defired,  in  my  letter  of  July  12th,  on  the  part  of  the  Mfc- 
fidcnt,  to  detain  her  till  fonie  enquiry  and  determination  on  the  cafe 
(lioiiid  be  hiul.     Yet  within  three  or  four  days  after,  flie  was  fent  out 
by  orders  from  Mr.  Genet  himfelf,  and  is  at  this  time  eruillng  on  our 
roalts,  as  appears  by  the  protell  of  the  mailer  of  one  of  our  vellels  mal- 
treated by  her. 

Tiie  government  thus  infulted  and  fet  at  defiance  by  Mr.  Genet, 
committed  in  its  duties  and  engagements  to  others,  determined  (till  to 
fee  in  thcfc  proceedings  but  the  charad\er  of  the  individual ;  and  not 
to  believe,  and  it  dots  not  believe,  that  they  are  by  inllrudlions  from 
hik  tmploycrji.  They  had  artiired  the  Britifli  miniller  here  that  the 
vcllcl*  already  armed  in  their  ports  fhould  be  obliged  to  Ic&ve  their, 
and  thnt  no  more  Ihould  be  armed  in  them.  Yet  more  iiad  been  armed, 
and  thofe  before  armed,  had  either  not  gone  away,  or  gone  only  to 
return  Vvitli  new  prizes.  They  now  informed  him  that  the  order  for 
departure  (hould  be  enforced,  ami  the  prizes  made  contrary  to  it  flioiild 
he  reftored  or  uoniptnltted.  'I'lie  fame  thing  was  notified  to  Mr. 
Genet  in  my  letter  of  Au;rnll  7th  ;  and,  tiiat  he  might  not  con- 
cUuIe  tliO  promife  of  comp  -nfi'tion  l  '■  l)e  of  no  concern  to  him,  and 
goon  in  his  couvfes,  lie  was  reminded  that  it  woiddbe  a  fair  article  of 
account  ag  '.'nil  his  ni^ion. 

Mr,  Genet,  not  content  with  uling  oi:r  force,  whether  we  will  or 
not,  ii:  the  milirary  line,  againll  nations  with  whom  we  are  at  peace, 
undertakes  alfo  to  direi^t  the  civil  government  ;  and  partieidaily  ft)r 
the  executive  r\nd  legiliuive  bodies,  to  pronoi.nce  what  poweru  may, 
or  may  not  I  ■.■  e>:ercifc<l  ly  thi-  one  or  the  i.ther.  Thus  in  his  letter 
of  Jiiiif  Stii,  he  j)ronnfe-  to  refpeCt  l!:e  polil'oal  opinions  of  the  Pie- 
fidcnt,  till  I  he  Rrprtfcnljtivfs  Jhall  have  coufirmnl  or  rejtiled  theni^  as  it 
the  Frflident  hud  ui'dcrtaken  to  decide  what  belonged  to  the  deei- 
fion  of  Congrefs.  In  his  letter  of  June  14th,  he  fays  more  »)penly, 
that  the  Prefidetit  ou<:ht  not  tohavctaken  on  himfelf  to  decide  on  ihe 
fubjcd  of  the  lettM-,  but  that  it  was  of  importance  enough  to  have 
confultcd  Conprefs  thereon  ;  and  in  that  of  June  2 2d,  he  tells  the 
Prefident,  in  dired  terms,  that  Congrefs  ought  already  to  havj  been 
occupied  on  certain  quellionb  which  he  had  been  too  hally  in  deciding. 


[  85  ] 

Thus  making  liiirfclf,  and  not  the  ProluKnt,  tlic  judi'jf  (^f  the  pnwni 
afcribed  by  the  conlHtiitii)U  to  tlic  executive,  and  dictatiiig  ta  lii>n  ilio 
occalion  when  ht  fljould  cxtrtifo  the  power  c-f  ciinvejiingCon^pcls,  at 
an  tarher  day  'Ann  thtirown  act  pnloibcd. 

On  the  lolitjwing  cxpirfllonB  no  comuientai-)'  fliall  bo  m?de 

July  9.   *  Lea  p'.incipesphilofophique..  pioilanioes  par  le  Pulident.'* 

June  22.  *  Lcs  opinions  privces  ou  ]iid)li(}ues  dc  M.  Ic  IVdidcnt,  et 
tette  egidc  ne  paroiffant  pas  fulTifante.'f 

June  22.  '  Le  gouvernemcnt  federal  a'cft  emprcfTc,  pouHt'  parje  ne 
f^ais  quelle  influence.']: 

June  22.  *  Je  ne  puis  attribuer  dcs  dcniarchi'S  do  celte  imturo  ftu'a 
de»  iinpreffions  ttrangeres  dont  Ic  tems  et  la  verite  trio!nj)h<  riuit.'d 

June  25.  *  On  pourfuit  avec  acharncinent,  en  vertu  ues  iiiilri.'ctions 
de  M.  le  Prefident,  les  amiateurs  Fr.iii«;ai8.'j| 

Jj|ne  14.  •  Ce  rchis  tend  a  accomplir  le  f\  ileme  "  foiiml  du  roi 
d'Angleterre,  tt  des  autres  rois  fes  acccimplices,  pour  faire  jHrlr  par  la 
famine  Ics  repid)Hcains  Franc;ais  avcc  la  libertc.'^j 

June  8.   '  La  lache  abandon  de  fes  ai.iis.'** 

July  25.  '  En  vain  lo  deiir  de  conforver  la  paix  fait-il  facrifier  Ics  in- 
tcrets  de  la  France  a  ttt  inieret  du  moment ;  en  vain  le  foif  des  richefi'cs 
I'trnporte-t-elle  furl'  honnrur  \\mv,  la  balance  politique  de  I'Amerique  ; 
tousces  tnanagtmena,  toute  cttecondefcendancc,  toutc  cette  buniilite 
n'aboutiflent  a  rien  ;  nos  tnncmis  en  1  itnt,  et  les  l*'ran<;ui;i  trop  confKmts 
font  punis  pour  avoir  cru  que  la  nation  An-.cricaine  avoit  nn  piuiUon, 
qu'clle  avoit  quclque  egard  pour  fos  loix,  qiulquc  cunviiilioa  liv  fes 
forces,  et  qu'tlle  tenoit  au  fentiment  tie  fa  dignitc.  11  ne  m'dt  paa 
pofiiible  de  peindie  toute  ma  fenlibilite  fur  ce  fcand:de,  qui  tend  a  la 
diminution  de  votre  commerce,  "a  roiiprefl'ion  du  notrc,  ot  a  rabitfTo- 
ment,  a  ravililTcment  des  republiques. — Si  nos  concitoyens  out  ote 
trompcs,  fi  vous  n  itcs  point  en  etat  de  foutenir  la  fonveraiuoio  lo  votio 
pouj^le,  parlez  ;  nous  I'avons  garantic  quaiul  nous  etions  elcla.es  ;  not;a 
laur;)ns  la  rcndre  rcdoutable  etant  devcnus  libres.'-jf 

Translations  of  the  French  PAssAOFt. 
*   *  The  ph'ilofoph'ical principles  proclatmei! by  the  Prefuieiv.'' 

I  '  The  opimons  private  >.,.'  public  of  the  Vrcfidenty  atui  tl.'is  H^is  not 
tippenriiijr  to  you  fiijfuietit.' 

X  •  The  Jfedeiid  ^ovenuuenl  has  ban  ea^erj  ur^cd  ly  I  lutow  not  luhat 
injiiience.* 

j  '  /ejnriot  nfcribe  meafures  of  this  nixlurcy  but  to  extraneous  impref- 
fions  over  which  time  and  truth  ivill  triumph  J* 

II  "  They  purfue  with  ra^e  the  French  privateers  by  the  orders  of  the 
Prefuhnt: 

f  *  This  r.ftijid  tends  to  accomplijh  the  infernaf  fyftem  of  the  kin^  of 
Evghiud,  and  of  the  other  kings  bit  accomplices  ^  to  dejlroy  by  famine  Fnnch 
Jreemen  and  fretdcin* 

'^  "   *  The  cowardly  abandonment  of  i  heir  friends,'' 

ft  ♦  /«  vain  the  defne  to  prefrve  peace  leads  you  ttfacrijice  the  itite- 


.     .   •  [   86  J 

Wc  <lr,uT  ;i  \n\  over  the  ftnfatlons  which  thcfe  csproflionn  excitf. 
No  words  tan  ivndcr  them  ;  but  they  will  not  cfcapc  the  fcnfibility  of 
a  friendly  and  magnanimous  nation,  who  will  do  us  juilice.  We  fee 
in  them  neither  the  portr.iit  of  onrfelvcc,  nor  the  penerl  of  our  friends ; 
Init  an  attempt  to  embroil  h;Uh  ;  to  add  ftill  anothi  nation  to  the  ene- 
inie«of  his  country,  and  to  draw  on  both  a  reproach,  wliicii  it  is  hoped 
will  never  ilai;i  the  hiftoryof  either.  ITie  written  proofs,  of  wiifeh 
Mr.  Genet  was  himfelf  tlie  bearer,  were  too  uncquivo'-al  t<i  leave  a 
doubt  tliat  tlie  French  nation  are  conUant  in  their  friendfhip  to  us. 
The  rcfolve;i  of  their  National  Convention,  tl»e  letters  of  their  Exccu- 
tlve  Council  ntteft  this  truth  in  terms  which  render  it  necefiiiry  to  feck, 
in  fome  other  hypothelis,  the  folution  of  Mr.  Genet's  machination* 
ygaiiill  our  peiice  and  fricndlhip. 

C(>t>rcI«)U8,  on  our  part,  of  the  fame  friendly  and  fmcere  difpofitious, 
we  can  with  truth  afRin,  both  for  our  nation  and  government,  thatif^c 
have  never  or..ittcd  a  reafonable  occafion  of  manifelling  them.  For  I 
will  not  cDnlidcr  as  of  that  character  opportunities  of  fallying  forth 
fr»m  our  ports  to  way-lay,  rob,  and  murder  defencclefs  merchants  and 
others,  wh'»  ij.>ve  done  us  no  injury,  and  who  were  coming  to  trade 
with  ur;  i»  !..-•  confidence  of  our  peace  and  amity.  The  violation  of 
all  the  '.in  i  f)f  order  and  morality  which  bind  inaiikind  together,  would 
4,t  ;•!!  uritceviable  offering  to  a  jull  nation.  Recurring  then  only  to 
i».cent  tiii;  ;(s,  after  fo  affliAing  a  libel,  we  recollect  with  fatisfadion 
that  li!  t'f.'j  courfe  of  two  years,  by  unceafing  exertions,  ws  paid  up 
Tevcd  yv  vr^  nrj.  trai'^es  and  inftalments  of  our  debt  to  Finance,  which 
.Se  iiH'-Ti';' \iy  oi  our  fird  form  of  government  had  fuffered  tt)  be  ac- 
cumuinting;  that  prefling  on  Hill  ti>  the  entire  fulfilment  of  our  en- 
gagcn.'nifs,  we  have  facilitated  to  Mr.  Genet  the  effert  of  the  inftal- 
mentr,  o"  tlie  prefitii  ye:u-,  to  enable  him  to  fend  relief  to  his  fcllow- 
citi/ens  in  France,  ll:u:itcned  with  famine  ;  that  in  the  firll  moment 
r>f  the  ii'furret'tion  which  thrtatened  the  ccdony  of  St.  Domingo,  we 
<lej)peJ  forward  to  their  iciief  with  armsi  atid  money,  ticking  frerly  on 
ourfelvcs  tlic  rilk  of  an  uiiatithorifed  aid,  wIumi  delay  would  have  Ihiii 
denial;   that   we  have   received,  accoiding  to  our  h  v    ibilitivi.,  the 

rc/Is  cf  Frcnrt  tn  tfifs  in^etrj}  if  the  m^wrnt ;  in  vain  thf  th'irjl  of  richn 
pnl^ot'thi  (fli:<t  i\^tih<Jl  hothjr  in  tl:.'  pfjlU'util  lolance  of  A:'ivnfi  ;  nil  tin 
wdtui^emifil y  till  ihtj'f  cmulrfLenJioas^  all  this  humilitUioti,  itid  in  noiiin:;. 
Our  enemies  lau^h  at  it  ;  an  J  the  French^  too  rtrfiiknty  ore  punj/heil  jor 
Luiviif[^  Itlie^^cJ  iL:f  the  .•frrrrii\:ft  tuition  hud  a  fi(i\' ;  that  it  hmt  foiu^ 
rtfpcH  for  its  hiv.'s  ;  fonie  convii^fiou  >/  its  f  t\  -  ;  and  that  it  hadfriintjer- 
ti'n-M.*  cf  it.t  t'''^^ni(y.  It  is  n'jt  f>o//iltr  for  nie  to  puinl  to  -ju  all  my  Jiuji- 
itlitv  at  this  fiandal,  ivhich  tends  to  tie  dinn>\utitn  of  yotu  commerce^  to  ihr 
9p^-  nffnm  if  vnn^  ami  to  the  dchafement  and  vHiJicati'in  of  republic  r. 

♦  Jj   our  fell»*L'ii:i9ffis  have  ♦wn  deceived,  if  you  are  nt)t  in  a  conditi'  u 
to  nuiinlii.H   the  fcvcreij^nty  oj  your  people,  fpeak  :    rve  have  ^^uarantied  i> 
when  «v  m.-ereflnvfi  ;  •w:  hiaiu  how  to  remJer  «/  refpeihilU  lein^  heacsne 
free: 


^ 


[  87  ] 


wretched  fugitives  from  the  catalliophc  of  the  princijnl  towa  of  that 
colony,  wIjo,  cfcnpiiig  from  the  fwoiila  and  flamis  of  civil  war,  threw 
tlR'tnlcivt »  oil  ui  naked  aiul  houfclefs,  without  food  or  friend.?,  money 
•r  other  mc;  n:>,  theli-  facuUies  Joll  and  ahforbcd  in  the  depth  of  their 
dlllrelfM;  ilui  the  exclufive  admiflion  to  fell  here  the  prizes  made  hy 
France  on  her  enemies,  inthtprefent  war,  though  unllipuluted  in  our 
treaties,  and  unfounded  in  her  own  pra6\ice,  or  in  that  of  other  na- 
tions, as  we  belie\c  ;  the  fpirit  manifellcd  by  the  late  gr:iml  jury  in 
tiieir  proceedings  againll  thofe  who  had  aided  the  entniieu  of  France 
with  arms  and  implements  of  war  ;  the  cxpreilion  of  attachment  Xo  his 
nation,  with  which  Mr.  Genet  was  welcomed,  on  his  arrival  and  join  nev 
from  fouth  to  north,  and  our  long  foibiarance  uiuhr  1mi  ijrofs  ufur- 
pations  and  outniges  of  the  laws  a'ld  autl'.ority  of  our  ciuntry,  do  not 
befpeak  the  partialities  intimated  ii)  his  I'-tlers.  And  for  iherj  things 
he  rewards  us  by  endeavours  to  excite  difcotd  and  diflniil  b'uveen  our 
i>ili/.en8  and  thoie  whom  they  liave  eutrulled  with  tlair  govern- 
ment ;  between  the  dilFerent  branches  of  our  govcrnnuiit  ;  betwccu 
our  nation  and  his.  lint  none  of  thele  things,  wc  hope,  will  be 
found  ill  his  power.  That  frieiidliup  which  <h\-^atis  to  us  to  bear 
with  his  coiid.ict  yet  awhile,  lell  the  intfiell  «»f  hi-*  n;uIoii  liciv  (liould 
fuffer  injury,  will  ludlen  them  to  repli\ce  an  agent  whole  dilpotitions  arc 
fiich  a  mifreprefentation  of  theirs,  and  v.hofe  contiiiir.uice  here  is  in- 
conlilleot  with  order,  peace,  refpe;:t,aii(i  that  friendly  conii';,)ondencc 
which  we  hope  will  ever  fublill  between  the  twouulions.  Ui.i  govern- 
ment will  fee  too  that  the  cafe  Is  priffing.  'I'hat  it  is  impiillible  ftur 
two  fjvcreign  and  independent  authorities  to  be  gi)iiig  on  within  our 
territory,  at  the  fame  time,  witliout  co!lifnm.  TIkv  will  fortl'ee  that 
if  Mr.  Genet  perfevcres  iii  hij  proeredings,  the  confeijuenCfij  would 
he  fo  hazardous  to  us,  the  esample  fo  humiliating  and  jerniiious,  that 
we  may  be  forced  even  to  fufpend  hia  fimciioi:;i  befcMc  a  fucceHiT  can 
arrive  to  continue  l\  tn.  If  our  citi/.eui  Ii.ive  not  already  been 
lludding  each  <i;ln.rs  bhiod,  it  is  not  u^ving  to  the  motl.ntiun  t  f  Mr. 
O^nct,  l)Utto  the  forbtaraiu',' of  the  gov(.j!'.ment.  h  iav.ril  iiuow.i 
that  if  the  authority  of  lite  laws  had  b^en  rtTorttd  to,  to  lliip  the 
Little  Democrat,  Its  officers  and  ag;*iUj  w..re  to  Irive  bitu  reliiLd  by 
the  erew  of  the  v».fT' 1,  coidiJling  partly  of  Amerieitn  citi/.eii;.  Such 
events  are  too  ferious,  too  polhble,  to  be  Ufi  to  Ic'./.ard,  or  to  wliat  is 
v.orfe  than  ha/ard,  the  will  of  an  agent  whofe  dellpis  are-  fo  invllfrloun. 
li.iy  the  cafe  then  immedialely  bitore  his  goveituuent  ;  ac'.-;)mpanv  it 
with  alTuriiKces,  which  «\uuu)t  be  itroi.'ger  tlr.-n  titie,  that  our  frlendfhip 
Jor  the  nation  ii>  cuiillaul  and  uinbating  ;  thut,  fiithfd  lo  our  treaties, 
wchnvi-  fullilled  theui  In  every  |H>Int,  to  the  bell  vf  our  underdanding  ; 
that  ir  in  any  thing,  howoer,  \\ ;;  have  co-illruid  tl'.eui  ;!mif ,  we  aro 
ready  to  enter  int.*  c>»!idid  cx))l»natIoas,  ajul  to  d.)  whalevir  we  c an  hr 
convinced  Is  right  ;  that  in  opjH>ring  the  cxi.ray«;;aiieies  of  un  ngcir, 
whoiV  chararter  they  feem  not  iiifficienllv  to  have  known,  wt  have 
b-cn  urged  by  motives  of  duty  to  ourf.lvca,  and  jullice  V)  others, 
which  cannot  but  be  approved  by  thofe  who  aic  juit  tUemfcKcs  ;  and, 


t   88  ] 


nutliiii^ 


finally,  Our,  after  iiulfpcndcnco  and  fflf-govcmment,  there  is 
\vc  iia»rc  tincvrLly  wuh  than  jurjictiial  f.'ifDJlhip  ^vitli  tiRin. 

/  have  the  hijtnr  tj  h,  ivUh  ^reAf  ejitcnty  and  rifpcS^ 
JXar  Sir,  life, 
(Signed)  T  h:    J  E  F  1«  E  R  S  O  N. 

K'iti*,  ^iccf^v  ofU'i  /.  uc'tn^  Liter  'Ofas  jliUeiulofiJ  ly  the  Secretary  nj 
State  to  Mr.  Gnu:. 


Phii.ad.'.lphia,  Aurrul}  231!^  '793« 
Mr.  y.-Jerfn,  Srcr.'Ury  nf  Sfdti-.  to  Mr.  Aforrit,  Afin'jur   J'uiiij'oittt' 
tiaryjror:  (''c  Vnitiul  States  !o  Fr.uin. 


T 


DrAR  Sir, 

MM  kttvr  of  the  iC)t'i  iiii^aiit,  with  its  di)cum. :its  acc-oMipuiyinrj 

^^  thi!«,  will  fiilli-jiciiily  (iifrnm  you  of  the  tranfad^iona,  win'ch 
have  tiikcii  place  between  Mr.  Oonet,  the  Mini.'lorof  France,  and  tlic 
j.,ove;*nnviit  here,  and  of  the  p.'infiil  neeelTuy  tlicy  have  brought  on, 
of  deliri:!"/ hi-  recall.  The  letter  h.ts  been  prepared,  in  the  vie\.' of 
beini;  ildlf,  with  itn  doeninentis  laid  before  the  executive  of  the  French 
jTovfinmeiit.  You  will,  therefore,  be  pleufed  to  lay  it  before  ihem, 
d»>inj;' every  ihin^  which  can  be  done  on  your  part,  to  procure  it  u 
friendly  and  difpalPionate  recepti«)n  anil  Ciinlideration.  The  PrefideiiL 
would  lid  'd  tUiiik  it  ;i;reatly  unfuMii.iatc,  were  they  to  take  it  in 
an)  othir  light;  and,  therefore,  charges  you  very  p  nticularly,  with 
the  care  (if  prtfenting  this  proceedinu"  ni  the  moll  foothing  view,  ami 
a.4  th'.refiih  of  an  unavoidable  neceflity  on  his  part. 

Mr.  Cie.ict,  foon  afnr  his  arrival,  conununieUed  the  decree  of  the 
Nit lonal  Convention  of  February  15th,  1791,  aiithoriling  their  exe- 
cutive to  j)ropofe  a  treaty  with  us,  on  liberal  priiieiples,  fuch  as  might 
llr-ngthen  the  bonds  of  jjoodwill,  which  unite  tlu  two  nations  ;  and 
informed  un  in  a  l.'tter  of  May  23d,  that  he  wasauthorifed  to  treat  ac- 
con'.in:;lv.  Tije  Seijate  beinjj  then  in  recefs,  and  not  to  meet  agaiii 
till  th.'  fill,  I  apprifed  Mr.  Genet  thit  the  participation  in  matters  of 
tretlv  j^iven  by  the  conllitutictu  to  that  braneii  of  our  government, 
w'  )nl  1,  orc'.iurle,  delay  any  ilehnitive  anfvver  to  his  friendly  jiropofilion. 
.\-\  he  V.MS  feKCiblcof  thi;  eircumllance,  the  matter  has  been  underllood 
to  lie  over,  till  the  mccti:'.g  of  fenatc.  You  will  be  pleafed,  therefore, 
to  explain  to  the  executive  of  Frar.cc,  this  delay,  which  has  prevented, 
;«s  yd,  our  fv>nnal  accelll.)n  to  their  propofition  to  treat ;  to  affure 
their,  that  the  Frefident  will  meet  tlu-m,  with  the  moil  friendly  difpo- 
iiriotis  on  the  groundi  of  t  reaty  propofed  by  the  National  Convention, 
uS  foon  as  he  can  doit  in  the  forms  of  the  conllitution  ;  and  you  wiH,of 
courfe  fui,'('yll  f  )r  this  purpofe,  that  tlie  powers  (»f  Mr.  Genet  be  re- 
i.ewed  tuhis  lueeeli'or. 

Since  my  lall,  which  was  of  the  13th  of  June,  your  N«)S.  25,  2^, 

27,  of  March  26lh,  April  4th  and  5th  h;.vf  been  received.  The  public 
papers  lent  herewith,  will  give  you  the  current  news  of  the  country. 
I  have  the  honor  to  be,  with  great  refpe(5l  and  eilecm. 
Dear  Sir,  vour  moil  libedient  and  moll  humble  firvt. 

Th:   JEFFERSON. 


[  «9  ] 

New-York,  September  i8th,  179.^. 
id  year  of  the  French  Repubh'c,  one  ami  inJivtfihU, 
CUixen  Cetiety  Mmi/itr  Phr.-potrntiary  of  the  French  Repull'ic^  with  the 
United  Slates  t  to  Mr.  Jefftrfon^  Secretary  of  State  of  the  Unitid  States. 
Sir, 

PERSUADED  that  the  fovercignty  of  the  United  States reftde* 
cnentially  in  the  people,  and  its  reprefentatiun  in  the  Cun^refs  ) 
pei-fuaded  that  the  executive  power  U  the  only  one  which  has  been  con- 
tided  to  the  Prefident  of  the  United  States  ; — perfuaded  that  this  ma* 
giAratc  has  not  the  right  to  decide  qucltions,  the  difcuflion  of  whichi 
theconititution  refcrves  particularly  to  the  Congrel's ; — perfuudcd  that 
he  has  not  the  power  to  bend  exifting  treaties  to  circumllances,  and 
to  change  their  fcnfe  ; — perfuaded  that  the  leu/cue  formed  by  all  the 
tyrants,  to  annihilate  republican  principles,  founded  on  the  rights  of 
man,  will  be  the  obje(^  of  the  moll  fenous  deliberations  of  Congrefb, 
I  had  deferred,  in  the  folc  view  of  maintaining  good  harmony,  between 
the  free  people  of  America  and  France,  communicating  to  my  govern- 
ment, before  the  epoch  at  which  the  reprefentatives  of  the  people 
were  to  affemble,  the  original  corrcfpondence  which  has  taken  place, 
in  writing,  betw een  you  and  myfelf,  on  the  political  rights  ot  Fiance  iu 
particular  ;— on  the  interefts  of  general  liberty  ;  andon  the  ad\s, procla- 
mations, and  dccifions  of  the  Prefident  of  the  United  States,  relative  to 
objefls  which  require,  from  their  nature,  the  fandlion  of  the  legidative 
body:  however,  informed  that  the  gentlemen  who  have  been  painted  to 
me  looAen,  ah  ariilocsats,  partifans  of  monarchy,  partifans  of  England, 
of  her  coiiilitntion,  and  confequently  enemies  of  the  principles  which 
all  good  Frenclimrn  have  embraced,  with  a  religious  entliuiiafm  ; — 
jilirmed  at  the  popularity  which  \\as  reflected  on  the  Minifter  of 
Fr.^nce,  by  the  affection  of  the  American  j)fople  for  the  French  Re- 
public, and  for  the  jjlorious  caiife  which  it  defends  ;  equally  alainied 
at  my  unfhakcn  and  incorruptible  attachment  to  the  fevere  maxims  of 
ilcmocnicy,  were  labouring  to  ruin  me  in  my  counliy,  after  havin;r 
ro-united  all  the  cfforis  to  cnlumniate  me  in  the  view  of  their  feHow- 
c'iti/.ens,  I  was  going  to  begin  to  coUeA  theft- affli«iting  materiala,  and 
I  was  taking  uKafnrcs  to  innfmit  them  to  Fiance  with  my  reports, 
when  the  deniiiuiati«-n  which  thcl'e  fmie  men  havc'  excited  the  Prefi- 
(!fnt  to  exliihit  a'.pin!l  ir.v,  through  Mr.  Monis,  came  to  my  hands. 
Strong  in  the  princij.'U-s  wliich  h:\\c  diredled  my  condiift,  flieltcrcd 
1 10 m  every  wcllfou'uhd  k  proa^h,  I  eKptch-i!,  ncvcril'.ch  Is,  to  havv* 
ftt'iKu  In  it  lome  ftrloiit*  aih'jTaiiotiH  ;  but  \\']\:\t  has  been  my  ;il\oni(h- 
nitnt  «)ii  fnidinf^,  that  llir  American  people  were  more  owtragetl  in  it 
t!ian  Vnyfclf,  th;it  it  was  luj-pofed  that  I  escrciffd  over  them  afvt- 
liip:  inHuencr,that  it  wr.!>  pretended  that  1  wasimakingthem  take  apart 
in  the  wnrt^f  liberty,  for  the  defer.co  of  their  hnthren,  of  their  allies, 
;i;;::i!if}  the  intention  ol  their  {^overiiinent ;  that  ii'.Jgnieiils  favourable 
to  our  inti  rillii,  vt  iid(.rc<l  in  the  niidft  of  tin- wciltiniations  of  the  citi- 
zens of  IMiiladelphia,  by  jnrieb  a)i(l  by  indtpendc-nt  tribnnals,  have  not 
kfdi  the   exprefiion  of  a  fivcre  jiifliec  :  in  fliovt.   iIihL  I  was  ;i  power 

M 


[  90  J 

within  anolher  power.     Such  iliangc  accufaiions,  proving  onW  that 
the  American  people  loves  and  ftipports  our  principles  and  oi-r  caulv  > 
ill  fpitcof  its  numerous  enemies;  and  that  the  power  which  iliey  do 
mc  the  honor  toattrihute  to  mc,  is  only  that  of  gratitude   l^ingghi)^; 
againil  ingratitude,  of  trutli  combating  error.     I  will  fend  no  other 
juitilication  of  my  conduct.     I  will  join  only  in  fuppoit  of  the  opi- 
nions which  I  meant  to  piofefs,  fome  writings  which  have  been  pub- 
lished here,  fueh  as  thofc  of  J'erUas  and  of  HchUlius^  &c.     As  to  tl»e 
pcrfonal  outrages,  as  to  the  doubts  which  you  infinuatc  on  my  devo- 
tion to  the  union  of  the  people,  I  have  leafon  to  believe  they  wi!l  nof 
make  a  great  imprefiion,  when  the  anfwi'rs  Ihall  be  recurred  to,  \v!.;.  ;i 
I  made  to  the  numerous  addiefles  wlileh  your  fellow  citizens  deiyned 
to  prefcnt  ine :  when  it  (hall  be  recolletted  that  plaei  d  at  the  a/^^e  of 
twelve  years  in  the  bu.^cau  of  forei«Mj  afl'airs,  it  wa»  I  who  h»d  the  ad- 
vantage of  contribuling  to   penetrate  the   I'reneh   with  the  fpirit  of 
1776  and  I777»by  tranflating  into  our  tongue,  under  the  direction  of 
my  father,  then  head  of  the  bureau,  the  greater  part  of  yoi  •  law:  and 
the  writings  of  your  politicians  ;  that  fiiiee  that  epoch,  always  faith- 
ful to  the  caiife  of  liberty,  I  have  rendiiKl   to  the  Americans,  in  the 
diflcrent  cmployritMt.'  I  have  had,  all  the  ferviees  which  depended  on 
me;  and  that,  in  fiii';,  diarged  to  reprefent  the  French  people,  with 
the  firfl  people  who  havi  proclaimed  the  rights  of  man,  knowing  how 
far  our  ancient  government  had  put  llberticidefhackles  on  the  commerce 
and  on  the  intimaiy  of  ourtwo  nations;  I  have  neglef^til  nothing  to 
obtain,  on   the  one  hand,  the  liberal  bails  on   which  the  new  baud* 
which  the  French  people  defire  to  contraft  with  the  I'nited  States, 
were  to  be  ncgocintcd,  in  order  that  on  the  other,  the  Federal  Govern- 
ment might  be   feniible  how   urii^cnt    it  was  to  occupy  themfelve* 
promptly  on  the  conchifion  of  this  true  family  compact,  which  was 
forc'ver  to  unite  the  politic:;!  and  commercial  intcrells  of  two  people 
equally  obj.<^ls  of  the  hatred  of  all  tyrants  ;  befides,  Sir,  whatever  may 
be  the  rcfuit  of  the  ;achicvem<  nt  of  which  you  have  rendered  yo'.irfelf 
the  generous  inltruiftnt,  after  having  made  n»e  believe  that  you  were 
my  friend,  after  having  iniiiir'tedme  into  mylleries  which  IjaveinHanud 
my  hatred  againft  all  thofe  who  af|.  ire  to  an  ahfolule  power,  there  is  jmi 
a«l:^  of  jull ice,  which  the  American  peoj)le,  whieh  the  French  people, 
which  all  free   p.ople  are  intcrelled  to  reclaim  ;  that  is,  that   there 
be  made  a  particular  enquii-y,  in  the  next  Congrefn,  of  the  motives  on 
which  the  head  of  tiie  executive  power  of  the  United  States,  has  taken 
oi!  hinifelf  to  demand  the  recall  of ;«  piiinic  miniller,  whom  the  fove- 
reign  people  of  the  I    lited  States  had  rec('v(  1  fraternally  and  recog- 
nized, before  the  diplomatic  forms  had  been  fulfilled  with  refpe^  ti» 
him,  at  Philadelphia. 

It  is  in  the  name  of  the  French  people,  that  I  am  fent  to  their  bre- 
thren— to  free  and  fo\ereign  men  :  it  is  then  for  therepiefentaii\es  ot 
ti»e  American  people,  and  not  for  a  fingle  man,  to  exhibit  againil  me 
an  act  of  accufatioM,  if  1  have  merited  it.  A  defpot  may  fmgly  per- 
mit himftif  to  demand  frum  another  defpot  the  recall  of  hi.'  reprefeiita- 


J 


[  9'   ] 

livf,  and  to  order  hi«  cxpiilfion  in  cafe  of  rcfufal.  This  ii  what  the 
Empn-^'s  of  Ruflia  did  with  refpcft  to  myfclf,  from  Louis  XVI.  But 
in  I  fr«  ftate  it  c;innot  be  fo,  unlcfH  ordn  he  entirely  fubvortcd  ; 
iinlefs  the  jxrople  in  a  moment  of  Windnofs,  choofr  to  rivet  their  frt- 
fcis,  ill  making  to  a  lingle  individual,  the  ahandonmnu  of  their  moft 
preciot  s  rijjhta.  1  pray  you,  then,  Sir,  to  place  under  tfic  eyes  of  the 
Prefident  of  the  United  StateH,  the  demand  whieh  I  make  in  the  name 
(if  equity,  to  lay  before  Conj^refs  for  their  difcuflion  at  ih.-  epoch 
when  they  Ihall  be  aflembled  by  the  law,  it"  the  great  events  whit  h 
occupy  the  Univerfc  <;  -  not  appear  yet  fufficient  t«)  hallcn  their  con- 
vocation,—  ill.  All  tf'  quellions  relative  to  the  political  rights  of 
France  and  the  United  -itates. —  zd.  The  different  cafes  refidtiiij'  from 
our  Hate  of  war  with  ihe  powers  of  whofe  afts  of  aggvefVion  I  have 
informed  you — 3d.  Tl"  heai  of  accv.fation  which  the  Miniftcr  of 
the  ITnited  States  with  the  I  nch  Republic  is  charged  to  exhibit 
agaiiill  me,  and  againil  the  eonfuls  whofe  charai'^cr  is  compromitted 
.-indoutraj^ed,  in  the  moil  fcandalous  manner,  for  having  obeyed  fupc- 
'  ir  orders,  which  it  was  neither  in  their  power  nor  in  r>  ■  to  re- 
voke. In  this  expe«.'\ation.  Sir,  I  do  not  confider  the'  dij^  ly  of  the 
'renth  nation  as  compromitiedby  the  extraordinary  pofition  in  which 
1  fmd  myfelf,  as  well  as  the  confuls,  and  I  have  to  couAplain  only  of 
th'  forms  yo  1  have  employed. 

'I'hc  Executive  Council  of  the  French  Republic  had  alfo  complaint! 
of  a  very  different  nature  Irom  thofe  allcdjjed  aj.^  linll  n\e,   t«)  exhibit 
againil  Mr.  Morris,  your  Ambaffador  at  Paris;   'Mtt  penetrated  with 
a  jull  fentimeni  of  refpeil  fd    the  fovereignty  of  tlu    American  peo- 
ple, it  recommended  to  me  wnly  to  make  conlidcnti.  1  obfcrvation-;  to 
you  on  the  necefllty  of  reeallingthis  Miniller  Plenipotentiary,  accufed 
by  the  public  voice  of  fac'ls  ellabliflied,  but  not  by  the  rcprclentatives 
«)f  the  people  aftv^r  a  rejnilar  enquiry,  of  having  favoured  a.s  nnich  <is 
he  could,  the  counter-revolutionary  projeds  of  Louis  XVI.  of  com- 
municating 10  him  memoirs,  in  which  he  advifcd  him  not  to  accept 
the  eonllitution  ;  of  having  had  no  connexions  but  with  fufpe^led 
perlons  ;  of  having  affedled  the  greatell  contempt  for  all  thofe  who 
icrved  faithfully  the  caufc  of  the  people  ;  of  having  been  the  chanrul 
of  th      ounfels  which  conduced  La  Fayette  into  the  prifons  of  Pruflla  ; 
of  having  abufed  the  refpect  of  the  French  jicople  for  the  envov  of  the 
American  people,  to  facilitate  more  furely  tlu' correfpondeiice  and  the 
coufpiracies  of  all  its  enemies  ;  of  having  ihewn  iiothitig  but  ill-humotir 
in  his  relations  with  the  miniilers  of  the  Fn  nch  Republic  ;  of  having 
affedled  i     writing  to  them,  to  employ,  in  fpeuklng  of  the  Executive  of 
the  United  States,  only  the  words  '♦  in  the  ii'me  of  my  court,"  fo 
Ihocking  to  republican  tars  ;  or  having  demanded  a  paflport  the  loth 
Augull,   1792,  to  go  into  England  wiih  tlie  Ambalfador  of  George 
III  ;  and  of  having  faid  publicly,  with  ;i  conlidence  which  the  pre- 
fent  event  jullilies,  that  if  the  embaHy  of  the  republic  fltould  Ik  re- 
ceived at  Philadelphia,  its  cxillence  and  that  of  the  republican  coafuls 
in  America,  would  not  be  of  long  diuation  there. 


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[  ?» ] 

I  btvc  already  nitiition.ed  to  you*  Sir,  fome  of  thde  imputttioni ; 
but,  as  I  have  already  told  you,  out  of  refpe£k  to  the  fotereignty  of 
the  United  8tateo»  I  thought  I  ihould  leave  to  their  wiidom,  the  care 
of  taking  mcafures,  the  moil  fuhable  to  reconcile  their  dignity  with 
what  their  prudence  soight  require. 

Not  douibtiag,  Sir,  that  the  jultice  which  I  require  will  be  done 
ipe,  as  well  as  ofiy  co-operators,  I  ought  to  infbm  you,  that  I  am 
about  to  have  printed  all  my  correi^ndence  with  you,  all  my  inftruc> 
tioos,  and  all  thofe  of  the  confuls,  in  order  that  the  American  people, 
whpfe  efteem  is  dearer  to  me  than  life,  may  judge  if  I  have  been  worthy 
or  hot  of  the  fraternal  reception  which  it  deig^D«d  to  give  me :  if  in  aU 
my  offiqial  papers  I  have  not  exprefled  my  refpcfl  for  that  virtuous 
nation,  and  my  confidence  in  the  purity  of  mar  fentimcnts ;  if  I  have 
iniiAed  on  a  fingle  principle,  which  has  not  been  fupported  fince,  by 
decifions  of  the  juries  <v  tribunal  of  the  country  ;  if  in  a^ing  and 
cxpreifing  ntj^ell  with  the  franknefs  said  the  energy  pf  a  republican, 
I  have  attacked  the  conftitution ;  if  I  have  refufed  refpe^  to  a  fingle 
law :  in  fine,  if,  in  redajuning  with  all  the  firmaefs  which  was  pre- 
fqpl^ed  to  me,  the  faithful  execution  of  our  treaties,  I  have  not  endea- 
voured to  encQUTdge  th?  federal  government  to  employ  the  only  means* 
wQr)l;liy  of  a  great  people,  to  preierve  peace  and  tp  ei^oy  the  advantages 
pf  neutrality — an  ufeful  object,  not  to  be  obMuned  by  timid  and  un< 
certain  meafures,  by  premature  proclaowtioos,  which  feem  extorted  by 
fear,  by  a  parti^  iiiopartiality,  which  fours  your  friends  without  &tis> 
lying,  your  enemies,  but  by  an  attitude  firm  and  pronounced,  which 
appriies  all  the  powers  that  the  very  legitimate  defire  of  enjoying  the 
fweets  of  peaipcj  has  not  made  you  fcurget  what  is  due  to  juflice,  to 
gratitude,  and  that  without  ceaftng  to  be  neutral,  you  may  fulfil  public 
engagements,  contrafted  with  your  friends,  in  a  nwment  when  you 
were  ypurfelycs  in  danger. 

I  will  anfwer  more  in  detail.  Sir,  at  a  proper  time,  to  your  violent 
diatribe ;  but  it  contains  one  ia£i  on  which  I  muft  now  ^ve  you  ex- 
planations. You  arc  made  to  reproach  me  with  having  indifcreetly  given 
to  my  official  proceedings,  a  tone  of  colour,  which  has  induced  a  be- 
lief, ^at  they  did  not  knpw,  in  France,  either  my  charadlcr  or  my 
manners.  I  will  tell  you  the  reafon,  Sir  t  it  is  that  a  pure  and  warm 
blood  runs  vrith  rapidity  in  my  veins  j  that  I  love  pafTionately  my  coun- 
try ;  that  I  adore  the  caufe  of  liberty  ;  that  I  am  always  ready  to  fa- 
crifice  my  life  to  it }  that  to  me,  it  appears  inconceivable,  that  all  the 
enen^es  of  tyranny,  that  all  virtuous  men,  do  not  march  with  us  to 
the  cojQfibat ;  and  that  when  I  find,  an  injuftice  is  done  to  my  fellow- 
citizens,  tha^  their  interefts  are  not  efpoufed  with  the  zeal  which  they 
merit,  no  confiderations  in  the  vrorld,  would  hinder  either  my  pen  or 
my  tongue  from  tracing,  from  exprefllng  my  pain,  I  will  tell  you  then 
without  ceremony,  that  I  have  been  extremely  wounded.  Sir,  ifl. 
That  the  Prefident  of  the  United  States  was  in  a  hurry,  before  knowing 
what  I  had  to  tranfmit  to  him,  on  the  part  of  the  French  Republic, 
to  pro(:laim  fentjmcnts,  pii  which  decency  and  friendfhip  fhpuld  at 


/^ 


[  93  ]  * 

Icall  have  drawn  a  veil.     2d.  That  he  did  not  fpeak  to  me  at  my  firft 
oudience*  but  of  the  friendHiip  of  the  United  States  towaids  France, 
without  faying  a  word  to  me ;  without  announcing  a  fmgle  fentimcnt 
OD  our  trevolution ;  while  all  the  towns  from  Charlellon  to  Philadel- 
phia* had  made  the  air  refound  with  their  moft  ardent  w  iihcs  for  the 
French  republic.    3d.  That  he  bad  received  and  admitted  to  a  private 
audience,  before  my  arrival,  Noailles  and  Talon,  known  agents  of  the 
French  counter-revolutionifts  who  have  lince  had  intimate  relationa 
with  two  members  of  the  federal  government.     4th.  That  this  iirft 
magiftrate  of  a  free  people,  decorated  his  parlour  with  certain  medal- 
lions of  Capet  and  his  family ;  which  ferved  at  Paris  as  fignals  of  rally- 
ing,    fth.  That  the  firft  complaints  which  were  made  ti)  my  prede- 
ceiTor  on  the  armaments  and  prizes  which  took  place  at  Charlellon  on 
my  arrival,  were  in  fa£t  but  a  paraphrafe  of  the  notes  of  the  Englifli 
Mimften    6th.  That  the  Secretary  of  Wai*,  to  whom  I  communi- 
cated  the  wiih  of  our  governments  of  the  Windward  Iflands,  to  re- 
ceive promptly,  fome  fire-arms,  and  fome  cannon,  which  might  put 
into  a  ftate  of  defence,  poiTeffions  guaranteed  by  the  United  States,  had 
the  front  to  anfwer  me  with  an  ironical  carlefinefs,  that  the  prinic{^es 
eftabliflied  by  the  Preitdent,  did  not  permit  him  to  knd  us  fo  much  as 
a  piftol.     7th.  That  the  Secretary  of  the  Treafury,  with  whom  I  had 
a  converfrition  on  the  propofition  which  I  had  made  to  convert  almofl 
the  whole  American  debt,  by  means  of  an  operation  of  finance  au- 
thorifed  by  law,  into  flour,  rice,  grain,  failed  provifions,  and  other 
ol^eAs  of  which  Fruice  had  the  moft  preffing  need,  added  to  the  re- 
fufal  which  he  had  already  made  officially  of  favouring  this  arrange- 
ment, the  pofitive  declaration,  that  even  if  it  were  practicable,,  the 
United  Startes  could  not  confent  to  it,becaufe  England  woidd  not  fail 
to  confider  this  extraordinary  reimburfement,  fumiflied  to  a  nation 
with  v^om  (he  is  at  war,  as  an  z&.  of  hoftility.    8th.  That  by  inllruc- 
tions  from  the  Prefident  of  .the  United  States,  the  Amei-ican  citizens 
who  ranged  themfelves  under  the  banners  of  France,  have  been  profe- 
cuted  and  arrefted ;  a  crime  againft  liberty  unheard  of,  of  which  a 
a  virtuous  and  popular  jury  avenged  ^vith  eclat  the  defenders  of  the  heft 
of  caufes.    9th.  That  incompetent  tribunals  were  fufPered  to  take  cog- 
nizance of  b£ii  relative  to  prizes  which  treaties  interdict  them  cxprels- 
ly  from  doing  ;  that  on  the  acknowledgment  of  their  incompetence, 
this  property,  acquired  by  the  right  of  war,  was  taken  from  us ;  that 
it  was  thought  ill  of,  that  our  confuls  protefted  againft  thde  arbitrary 
a^n;  and  that  as  a  reward  for  his  devotion  to  his  duty,  the  one  at 
Bofton  was  imprifoned  as  a  malefadlor.     loth.  That  the  Prelident  of 
the  United  States,  took  on  himfelf  to  give  to  our  treaties  arbitrary 
interpretations,  abfolutely  contrary  to  their  true  fenfe.  and  that  by  ^ 
feries  of  deciiions  which  they  would  have  us  receive  as  laws,  he  left  n<^ 
other  indenmification  to  France,  for  the  blood  fhe  fpilt,  for  the  trea- 
fure  fhe  di0ipated  in  fighting  for  the  independence  of  the  United 
States,  but  the  illufory  advantage  of  bringing  into  their  ports  the 
prizes  made  on  their  enemies,  without  being  able  to  fell  tjhcni.     nth, 


♦  t  94  ] 

That  no  anfwer  is  yet  given  to  the  notification  of  the  decree  of  the 
National  Convention  for  opening  onr  ports  in  the  two  worlds  to  the 
American  citizens,  and  granting  the  fame  favours  to  them,  as  to  tht 
French  citizens ;  advantages  which  will  ceafe  if  there  be  a  continuance 
to  treat  us  with  the  fame  injuftice.  1 2th.  That  he  has  deferred  in 
fpite  of  my  refpeAful  iniinuations,  to  convoke  Congrefs  immediately, 
in  order  to  take  the  true  fentiments  of  the  people,  to  fix  the  political 
fyftem  of  the  United  States,  and  to  decide  whether  they  will  break, 
fufpend  or  tighten  their  bands  with  France ;  an  honed  meafure  which 
would  have  avoided  to  the  federal  government  much  contradiction  and 
fubterfiige,  to  me  much  pain  and  difguft,  to  the  local  governments, 
cmbarrafih^ents,  fo  much  the  greater,  as  they  found  themfelves  placed 
between  treaties,  which  are  laws  and  diecifions  of  the  federal  govern, 
ment,  which  are  not :  in  fine,  to  the  tribunals,  duties  fo  much  the  more 
painful  to  fulfil,  as  they  have  been  often  under  the  neceifity  of  giving 
judgments  contrary  to  the  intentions  of  the  government. 

It  refuks  from  all  thefe  fa£fcs,  fir,  that  I  could  not  but  be  profoundly 
aSedled  with  the  condu6l  of  the  Federal  Government  towards  my 
country,  a  conduct  fo  contrary  to  what  the  will  of  their  fovereign, 
to  what  the  proceedings  of  mine  gave  me  reafon  to  expe^;  and  that 
if  I  have  (hewn  firmnefs,  it  is  becaufe  it  was  indifpenfable  that  my 
refiftance  fhould  be  equal  to  the  opprefllon,  to  the  injuftice,  which 
were  in  oppofition  to  the  interefts  confided  in  me  ;  it  is,  that  it  was 
not  in  my  character  to  fpeak  as  many  people  do,  in  one  way,  and  z&. 
in  another ;  to  have  an  official  language,  and  a  language  confidential. 
I  have  done  ftridUy  my  duty ;  I  have  defended  my  ground,  and  I  will 
fufier  no  precedent  againft  any  of  the  rights  of  the  French  people  while 
there  remains  to  me  a  breath  of  life ;  while  our  two  repubHcs  (hall  not 
have  changed  the  bafis  of  their  politicaland  commercial  relations,  while 
they  (hall  not  have  perfuaded  the  American  people  that  it  is  more 
advantageous  for  them  to  become  infenfibly  the  flaves  of  England, 
the  paffive  tributaries  erf  their  commerce,  the  fport  of  their  politics, 
than  to  remain  the  allies  of  the  only  power  who  may  be  interefted  to 
defend  their  fovereignty  and  their  independence ;  to  open  to  them  their 
colonies,  and  to  their  riches  thofe  markets  which  double  their  value. 
If  it  be  to  this  that  tend  all  the  machinations  fet  in  motion  againft  the 
,  French  republicans,  and  againft  their  friends  in  the  United  States  :  if 
it  be  to  attain  this  more  conveniently,  that  they  wifti  to  have  here,  in- 
ftead  of  a  democratic  ambaflador,  a  minifter  of  the  ancient  regimen, 
very  complaifant,  very  mild^  <weU  difpofed  to  pay  his  court  to  people 
in  place,  to  conform  himfelf  blindly  to  whatfoever  may  flatter  their 
views  and  their  projects,  and  to  prefer  above  all  to  the  modeft  and  fure 
fociety  of  good  fermers,  plain  citizens,  honeft  artifans,  that  of  diftin- 
guifhed  perfonages,  who  fpeculate  fo  patriotically  on  the  public  funds, 
on  the  lands  and  paper  of  the  ftate,  I  know  not  if  the  French  republic 
can  find  for  you  at  this  day,  fuch  a  man  in  their  bofom  v  but  in  ali 
^vents,  fir,  I  can  affure  you,  that  I  will  prefs  very  ftrongly,  its  govern. 


dtfcfee  of  the 
worlds  to  the 
\tm,  as  to  the 
:  a  continuance 
lias  deferred  in 
fs  immediately, 
ix  the  politiral 
ley  will  break, 
meafure  which 
itradi6tion  and 
1  governments, 
smfelves  placed 
federal  govern- 
much  the  more 
effity  of  giving 
It. 

t  be  profoundly 
nt  towards  my 
their  fovereign, 
icpe£l ;  and  that 
nfable  that  my 
njuftice»  which 
t  is,  that  it  was 
le  way,  and  ad 
>ge  confidential. 
9und,  and  I  will 
ch  people  while 
lubUcs  (hall  not 
relations)  while 
Ithat  it  is  more 
s  of  England, 
their  politics, 
interefted  to 
to  them  their 
lie  their  value. 
^on  againft  the 
ted  States:  if 
have  here,  in- 
lent  regimen, 
3urt  to  people 
flatter  their 
jiodeftandfure 
Ithat  of  diftin- 
public  funds, 
|rench  republic 
am  ;  but  in  all 
hy,  its  govern- 


[  95  ] 

nent,  to/aerifice  me  without  hefitation,  if  this  injulUce  offers  the  leaft 

utility. 

Aacept  my  refpecls, 

GENET. 

Note.  This  letter  was  one  among  feveral  others  which  were  re- 
ceived at  the  Secretary  of  State's  office  in  Philadelphia,  there  formed 
into  a  packet,  Sept.  30,  addrefled  to  him,  and  forwarded  by  poll:  to 
Virginia.  By  fonie  accident  of  the  poft,  they  did  not  get  on  to  him 
in  Virginia,  were  returned  to  Philadtlphia,  and  there  received  by  him 
only  the  2d  day  of  December. 

Philadelphia,  September  5th,  1793. 
Mr.  Jiffirfottt   Secretary  of  State^  to  Air.  Hammond^  Mmjler  Plem- 
potetUlary  of  Great  Britain. 
Sir, 

I  AM  honored  with  your's  of  Auguft  30th  :  mine  of  the  7th  of 
that  month  aflured  you,  that  meafures  were  taking  for  excluding 
from  all  further  afylum  in  our  ports,  veflels  armed  in  them,  to  cruife 
OB  nations  with  whom  we  are  at  peace,  and  for  the  reiloration  of  the 
prizes,  the  Lovely  Lafs,  Prince  William  Heniy,  and  the  Jane  of  Dub- 
lin, and  that  fliould  the  meafures  fur  reflitution  fail  in  their  eifedl,  the 
Prefidcnt  confidered  it  as  incumbent  on  the  United  States,  to  make 
compenfation  for  the  veflels. 

We  are  bound  by  our  treaties  with  three  of  the  belligerent  nations, 
hy  all  the  means  in  our  power y  to  proteft  and  defend  their  veflels  and 
effects  in  our  ports  or  waters,  or  on  the  feas  near  our  fliorcs,  and  to 
recover,  and  reftore  the  fame  to  the  right  owners,  when  taken  from 
them.  If  all  the  means  in  our  power  are  ufed,  and  fail  in  their  ef- 
fect, we  are  not  bou  id  by  our  treaties  with  thofe  nations,  to  make 
compenfation. 

Though  we  have  no  flmilar  treaty  with  Great  Britain,  it  was  the 
opinion  of  the  Prefident,  that  we  fliould  ufe  towards  that  nation,  the 
fame  rule,  which,  under  this  article,  was  to  govern  us  with  the  other 
nations  ;  and  even  to  extend  it  to  the  captures  made  on  the  highfeas^ 
and  brought  into  our  ports,  if  done  by  veflels,  which  had  been  armed 
within  them. 

Having,  for  particular  reafons,  forborne  to  ufe  all  the  means  in  our 
power,  for  the  reflitution  of  the  three  veflels  mentioned  in  my  letter  of 
Auguft  7th,  the  Prefident  thought  it  ijocumbent  on  the  United  States, 
to  make  compenfation  for  them  :  and  though  nothing  was  fijid  in  that 
letter,  of  othier  veflels  taken  under  like  circumflances,  and  brought  in 
after  the  5th  of  June,  and  be/ore  the  date  of  that  letter,  yet,  where  the 
fame  forbearance  had  taken  place,  it  was,  and  is  his  opinion,  that  com<( 
penfation  would  be  equally  due. 

As  to  prizes  made  under  the  fame  circumflances,  and  brought  in 
^ter  the  date  of  that  letter,  the  Prefident  determined,  that  all  the  means 
in  ourpoy^er  mould  be  ufed  for  their  reflitution.     If  thefe  fail,  aa  w^ 


[  96  ] 

ihould  not  be  bound  by  our  treaties,  to  make  compcnfation  to  the  ot^tcr 
powers,  in  the  anahigous  cafe,  he  did  not  mean  to  eive  an  opinion,  that 
It  ought  to  be  done  to  Great  Britain.  But  ftill,  if  any  cafes  (hallarife 
fubfequent  to  that  date,  the  circumilances  of  which  ihall  place  them 
on  fimilar  ground  with  thofe  before  it,  the  Prefident  would  think  com- 
penfation  equally  incumbent  on  the  United  States. 

Inftnidtions  are  given  to  the  governors  of  the  different  ftates,  to  ufe 
all  the  means  in  their  power,  for  reftoring  prizes  of  this  laft  defcription, 
found  within  their  ports.  Though  they  will,  of  courfe,  take  meafures 
to  be  informed  of  them,  and  the  general  government  has  given  them 
the  aid  of  the  cuftom-houfe  officers,  for  this  purpofe,  yet  you  will  be 
fenfible  of  the  importance  of  multiplying  the  channels  of  their  infor> 
mation,  as  far  as  (hall  depend  on  yourfelf,  or  any  perfons  under  your 
i!iix'£lion,  in  order  that  the  governors  may  ufe  the  means  in  their 
power,  for  making  rellitution.  Without  knowledge  of  the  capture, 
they  cannot  reftore  it.  It  will  always  be  bell  to  give  the  notice  to 
them  direftly ;  but  any  information,  which  you  mall  be  pleafed  to 
fend  to  me  alfo,  at  any  time,  (liall  be  forwarded  to  them,  as  quickly  at 
diftance  will  permit. 

Hence  you  will  perceive,  fir,  that  the  Prefident  contemplates  reftu 
Mion  or  compenfationy  in  the  cafes  before  the  7th  of  Auguft,  and  ^ter 
that  date,  re/litutiont  if  it  can  be  effeAed  by  any  means  m  our  power : 
and  that  it  will  be  important,  that'  you  fhould  fubftantiate  the  fad, 
that  fuch  prizes  are  in  our  ports  or  waters. 

Your  lift  of  the  privateers  illicitly  anncd  in  our  ports,  is,  I  believe, 
correft — 

With  refpeft  to  lofles  by  detention,  wafte,  fpoilation,  fuftained  by 
veflels  taken  as  before  mentioned,  between  the  dates  of  June  5th  and 
Auguft  7th,  it  is  propofed,  as  a  provifional  meafare,  that  the  colle£lor 
of  the  cuftoms  of  the  diftritEl,  and  the  Britifh  conful,  or  any  other 
perfon  you  pleafe,  (hall  appoint  perfons  to  eftablifh  the  value  of  the 
veffel  and  cargo,  at  the  times  of  her  capture  and  of  her  arrival  in  the 
port  into  which  (he  is  brought,  according  to  the  value  in  that  port. 

If  this  (hall  be  agreeable,  and  you  will  be  pleafed  to  fignify  it  to 
me,  with  the  names  of  the  prizes  imderftood  to  be  of  this  defcription, 
inftrudlions  will  be  given  accordingly  to  the  colleAors  of  the  cuftoms^ 
where  the  refpeftive  veffels  are. 

I  have  the  honor  to  be,  &c. 

Th:   JEFFERSON. 


Philadelphia,  September  7,  1793* 
•'Sir,'  -'     '\ 

FINDING  by  the  nrotefls  of  fevcntl  of  the  Confuls  of  France  : — 
by  their  advertifements  in  the  public  papers,  and  other  proceed- 
ings, and  by  other  fufficient  teftimony,  that  they  claim,  and  are  exer- 
cifihg,  within  the  United  States,  a  general  admiralty  jurifdidiion,  and 
in  particular,  affimie  to  try  the  validity  of  prizes,  and  to  give  fentertce 
thereon,  as  judges  of  idmirahy;  and  mbreover,  that  they  ate  uiider- 


[  97  J 

taking  to  give  commifllons  within  the  United  States,  and  to  enlift,  oi 
encourage  the  enliftment  of  men,  natives  or  inhabitants  of  thefe  ftates, 
to  connmit  hoftilities  on  nations  with  whom  the  United  States  are  at 
peace,  in  direfl  oppofition  to  the  laws  of  the  land.  I  have  it  in  charge, 
from  the  Prefident  of  the  United  States,  to  give  notice  to  all  the  con- 
fuls  and  vice-confuls  of  France,  in  the  United  States,  as  I  hereby  do 
to  you,  that  if  any  of  them  (hall  commit  any  of  the  afts  before  men- 
tioned, or  affume  any  jurlfdidlion  not  exprefsly  given  by  the  conven- 
tion between  France  and  the  United  States,  the  Exequatur  of  the 
conful  fo  tranfgreffing,  will  be  immediately  revoked,  and  his  perfon  be 
fnbmitted  to  fuch  profecutions  and  puniftiments  as  the  laws  may  pre- 
fcribe  for  the  cafe. 

I  have  the  honor  to  be,  &c. 

Th:  JEFFERSON. 

Citizen  Francois  Dupont,  Conful,  Philadelphia^ 

Citizen  Moiffonier,  Vice  Conful,  Maryland. 

Citizen  Mangourit,  Conful,  Charlefton. 

The  citizen  Hauterive,  Conful  from  the  Republic  of  France,  at 
New- York. 


Philadelphia,  September  9th,  1793. 
Mr,  Jefferfon.,  Secretary  of  State^  to  Mr.  Genets  Mintfter  Plenipotentiary 

of  France* 
Sir, 

IN  my  letter  of  June  25th,  on  the  fubjeft  of  the  fhip  William,  and 
generally  of  veffels  fuggefted  to  be  taken  within  the  limits  of  the 
proteAion  of  the  United  States,  by  the  armed  veffels  of  your  nation, 
I  undertook  to  affure  you,  it  would  be  more  agreeable  to  the  Prefident, 
that  fuch  veffels  (hould  be  detained,  under  the  orders  of  yourfelf,  or 
the  Confuls  of  France,  than  by  a  military  guard,  until  the  government 
of  the  United  States  (hould  be  able  to  enquire  into,  and  decide  on  tha 
hBt,  In  two  feparate  letters,  of  the  29th  of  the  fame  month,  I  had 
the  honor  to  inform  you  of  the  claims,  lodged  with  the  executive,  for 
the  fame  (hip  Williamj  and  the  brig  Fanny ; — to  enclofe  you  the  evi- 
dence, on  which  they  were  founded,  and  to  defire,  that  if  you  found 
it  juft,  you  would  order  the  veffels  to  be  delivered  to  the  owners,  or  if 
overwelghed,  in  your  Judgment,  by  any  contradiftory  evidence  which 
you  might  have  or  acquire,  you  would  do  me  the  favour  to  communi- 
cate that  evidence,  and  that  the  Confuls  of  France  might  retain  the 
veffels  in  their  cuftody.  In  the  mean  time,  until  the  Executive  of  the 
United  States  {hoidd  confider  and  decide  finally  on  the  fubjeft. 

When  that  mode  of  proceeding  was  confented  to  for  your  fatisfac- 
tlon,  it  was  by  nb  means  imagined  it  woidd  have  occafioaed  fuch  de- 
lays of  juftlce  to  the  individuals  Interefted.  The  Prefident  is  ftill  with- 
out information,  either  that  the  veffels  are  reftored,  or  that  you  have 
any  evidence  to  offer  as  to  the  place  of  capture.  I  am  therefore.  Sir, 
to  repeat  the  requeft  of  early  Information  on  this  fubjedl,  in  order  that 

N 


[  98  ]   • 

i(  anv  injury  lias  been  done  thofe  intcreiled)  it  nray  be  no  longer  aggra- 
▼ated  by  delay. 

The  intention  of  the  letter  of  June  25th,  having  been  to  permit 
fiich  veflfels  to  remain  in  the  cuilody  of  the  Confuls,  inilead  of  that  of 
a  military  guard,  (which  in  the  cafe  of  the  ihip  William,  appeared 
to  have  been  difagreeable  to  you)  the  indulgence,  was,  ofcourfe,  to 
be  underllood,  as  going  only  to  cafes  where  the  executive  might  take 
or  keep  poflcilion  with  a  military  guard  ;  and  not  to  interfere  with  the 
authority  of  the  courts  of  jullice,  in  any  cafe  wherein  they  fhould  un- 
dertake to  aft.  My  letter  of  June  29th,  accordingly,  in  the  fame 
cafe  of  the  /hip  Wiliani,  informed  you,  that  no  power  in  this  country 
could  take  the  veffel  out  of  the  cuilody  of  the  courts,  and  that  it  was 
only  becaufe  they  decided  not  to  take  cognizance  of  that  cafe,  that  it 
refulted  to  the  Executive  to  interfere  in  it. 

Confequently  this  alone  put  it  in  their  power  to  leave  the  yeffel  in 
the  hands  of  the  Conful.  The  courts  of  juftice  exercife  the  fovereignty 
of  this  country,  in  judiciary  matters,  are  fupreme  in  th^fe,  and  hable 
neither  to  control  nor  oppoHtion  from  any  other  branch  of  the  go- 
vernment. We  learn,  however,  from  the  enclofed  paper,  that  the 
Conful  of  New- York,  in  the  firft  inftance,  and  yourfelf  in  a  fubfequent 
one,  forbid  an  officer  of  juftice  to  ferve  the  procefs  with  which  he  was 
charged  from  his  conrt,  on  the  Britifh  brig  William  Tell,  taken  by  a 
French  armed  veffel  within  a  mile  of  our  fhores,  as  has  been  depofed  on 
oath,  and  brought  into  New- York,  and  that  you  had  even  given  orders 
to  the  French  fquadron  there  to  protect  the  veffel  againfl  any  peifon 
who  fhould  attempt  to  take  her  from  their  cuftody.  If  this  oppofition 
Were  founded,  as  is  there  fuggcfted,  on  the  indulgence  of  the  letters 
before  cited,  it  was  extending  that  to  a  cafe  not  within  their  purvieu  ; 
and  even  had  it  been  precifely  the  cafe  to  which  they  were  to  be  applied, 
is  it  pofUble  to  imagine  you  might  affert  it,  within  the  body  of  the 
country,  by  force  of  arms  ? 

I  foibear  to  make  the  obfervations  which  fuch  a  meafure  mufl  fug- 
gell,  and  cannot  but  believe,  that  a  moment's  reflexion  will  evince  to 
Xiju  the  depth  of  the  error  committed  in  this  oppofition  to  an  officer 
of  juftice,  and  in  the  means  propofed  to  be  reforted  to  in  fupport 
of  it. 

I  am  therefore  charged,  to  declare  to  you  exprefsly,  that  the  Ptt» 
(ident  expefts  and  requires,  that  the  officer  of  juftice  be  not  obftrufled 
in  freely  and  peaceably  ferving  the  procefs  of  his  court,  and  that,  in  the 
mean  time,  the  veffel  and  her  cargo  be  not  fufTered  fo  depart,  till  the 
judician',  if  it  will  undertake  it,  or  himfelf,  if  not,  fhall  decide  whether 
theferurc  has  betn  made  within  the  limits  of  our  protection. 
I  have  the  honour  to  be,  &c. 

Tm  J  JEFFERSON. 


[  99  ] 

PHiLADELPHiAt  September  9th,  1793. 
Mr.  Jtfferfottt  Secretary  of  State,  to  Air.  Hammond^  Alini/Ier  P/eni' 
potentlary  of  Great  Britain. 
Sir, 

I  HAVE  the  honor  to  acknowledge  the  receipt  of  your  two  me- 
morialift  of  the  4th  and  6th  tnftant,  which  have  been  duly  laid  bet 
fore  the  Prcfident  of  the  United  States. 

You  cannot  be  uninformed  of  the  circnmflanccs  which  have  occa- 
lioned  the  French  fquadron,  now  in  New- York,  to  feek  an  afylum  in 
the  ports  of  the  United  States.  Driven  from  thofe  where  th'.y  were 
on  duty,  by  the  fuperiority  of  the  adverfe  party,  in  the  civil  war  which 
has  fo  unhappily  affli6ledthe  colonies  of  France,  filled  with  the  wretched 
ftigitives  from  the  famefcenes  of  diilrefs  and  defolation,  without  water 
or  provifions  for  the  Hiorteft  voyage,  their  vefTels  fcareely  in  a  condition 
to  keep  the  fea  at  all,  they  were  forced  to  feek  thb  neareft  porta  in 
which  they  could  be  received  and  fupplied  with  neceifaries.  That  they 
have  ever  been  out  again  to  cruife,  is  a  faft  we  have  never  heard, 
and  which  we  believe  to  be  impoflible,  from  the  information  re- 
ceived of  their  wants,  and  other  impediments  to  a£live  fervice.  This 
cafe  has  been  noted  fpecially,  to  fliew,  that  no  inconvenience  could 
have  been  produced  to  the  trade  of  the  other  belligerent  powers,  by  the 
prefence  of  this  fleet  in  our  harbours. — I  ihall  now  proceed  to  more 
general  ground. 

France,  England,  and  all  other  nations,  have  a  right  to  cruife  on 
our  coafts  ;  a  right,  not  derived  from  our  permifllon,  but  from  the  law 
of  nature.     To  render  this  more  advantageous,  France  has  fecurcd  to 
herfelf,  by  treaty  with  us  (as  fhe  has  alone  alfo,  by  a  treaty  with  Great 
Britain,  in  the  event  of  a  war  with  us  or  any  other  nation)  two  fpecial 
rights. — I  ft.  Admiffion  for  her  prizes  and  privateers  into  oui^  ports. 
This,  by  the  XVI  Ith  and  XXI  Id  articles,  is  fecured  to  her,  exclufiveiy 
of  her  enemies,  as  is  done  for  her  in  the  like  cafe  by  Great  Britain, 
were  her  prefent  war  with  us,  inftead  of  Great  Britain.     2d.  Admif- 
fion for  her  public  veffels  of  war  into  our  ports,  in  cafes  of  ftrefs  of 
weather,  pirates,  enemies,  or  other  urgent  neceffity,  to  refrefli,  vidiual, 
repair,  &c.     This  is  not  exclufive:  As  we  arc  bound  j/  '  reaty  to  re- 
ceive the  public  armed  veiTels  of  France,  and  arenotbouu.l  to  exclude 
thofe  of  her  enemies,  the  executive  have  never  denied  the  fame  right 
of  afylum,  in  our  ports,  to  the  public  armed  veffels  of  your  nation. 
They,  as  well  as  the  French,  are  free  to  come  into  them,  in  all  cafes 
of  weather,  pirates,  enemies,  or  other  urgent  neceffity,  and  to  refrcfh, 
victual,  repair,  &c.     And  fo  many  are  thefe  urgent  neceffities,  to  vef- 
fels far  from  their  own  ports,  that  we  have  thought  enquiries  into  the , 
nature,  as  well  as  the  degree  of  their   neceffities  which  drive  them 
hither,  as  endlefs  as  they  woidd  be  fruitlefs ;  and  therefore  have  not 
made  them.     And  the  rather,  becaufe  there  is  a  third  rights  fecured 
to  neither  by  treaty,  bat  due  to  both  on  the  principles  of  hofpitality 
between  friendly  nations, — ^that  of  coming  into  our  ports,  not  under  ths 
frejiire  of  urgetit  necejftty^  but  whenever  their  comf«  rt  or  convenience 


[    100   ] 

induced  thein,-->On  this  ground  alfoi  the  two  nations   are  on  a 
footinsr. 

As  It  has  never  been  conceivtd,  that  cither  wonld  detain  their  (hips 
pf  war  in  our  ports,  when  they  were  in  a  condition  for  ad^ion,  we  have 
never  conceived  it  ncccflary  to  prefcribe  any  limits  to  the  time  of  their 
iUy.     Nor  can  it  be  viewed  as  an  injmy  to  either  party,  tu  let  their 
enemies  He  idle  in  our  ports,  from  year's  end  to  year's  end,  if  they 
chool'e  it.     Thus  then,  the  public  fliips  of  war  of  botli  nations  enjoy 
a  perfeft  equality  in  our  ports — id.  In  cafes  of  urgent  necelTity — 2d,  In 
cafes  of  comfort  or  convenience — And  3d,  in  the  time  tlicy  choofe  to 
continue — And  all  a  fnendly  power  can  afl:  from  another  is,  to  extend 
to  her  the  fame    indulgencies  which  (he  extends  to  other  friendly 
powers.     And  though  the  admiifion  of  the  prizes  and  privateers  of 
France,  is  cxclufive,  yet  it  is  the  effeA  of  treaty,  made  long  ago  for 
valuable  confideratlons,  not  with  a  view  to  the  prefent  circumftances, 
nor  againfl  any  nation  in  particular,  but  all  m  general ;  and  may, 
therefore,  be  faithfully  obferved,  without  offence  to  any ;  and  we  mean 
faithfully  to  obferve  it.  The  fame  exclufive  article  has  been  illpulated, 
as  was  before  obferved,  by  Great  Britain  in  her  treaty  with  France, 
and  indeed  is  to  be  found  in  the  treaties  between  mod  nations. 

With  refpeft  to  the  ufui-patlon  of  admiralty  jurlfdIAIon  by  the  con- 
fuls  of  France,  within  thefe  flates,  the  honor  and  rights  of  the  ftates 
themfelves,  were  fuflicient  motives  for  the  Executive  to  take  meafures 
to  prevent  its  continuance,  as  foon  as  they  were  apprized  of  it.  They 
have  been  led,  by  particular  confideratlons,  to  await  the  elfedl  of  thefe 
meafures,  believing  they  would  be  fuflicient ;  but  finding,  at  length, 
they  were  not,  fuch  others  have  been  lately  taken,  as  can  no  longer 
fail  to  fupprcfs  this  irregularity  completely. 

The  Prefident  is  duly  fenfible  of  the  charafter  of  the  aft  of  oppo- 
fition  made  to  the  fervlce  of  legal  procefs  on  the  brig  William  Tell, 
and  he  prefumes,  the  reprefentatlons  made  on  that  fubjeft,  to  the 
Minifler  of  France,  will  have  the  effeft  of  opening  a  free  accefs  tp  the 
ofhcer  of  juftice,  when  he  fhall  again  prefent  himfelf  with  the  precept 
pf  his  court. 

I  have  the  honor  to  be,  &c. 

Th  :  JEFFERSON. 


Philadelphia,  September  9th,  1793. 
^r-  Jffftrfoni  Secretary  of  State^  to  Mr.  Van  Berciel,  Refident  of  the 

United  Netherlands^ 
Sir, 

I  HAVE  the  honor  how  to  acknowledge  the  receipt  of  your  me- 
morial of  the  5th  inllant. 
You  cannot  be  uninformed  of  the  circumftances  which  have  occa- 
fioned  the  French  fquadron,  now  in  New-York,  to  feek  an  afylum  in 
the  ports  of  the  United  States ;  driven  from  thofe  where  they  were  on 
duty,  by  the  fuperiority  of  the  adverfe  party  in  the  civil  war  which  has 
fo  unhappily  afflided  the  colonies  of  France,  filled  with  the  wretched 
fugitives  from  the  fame  feenes  of  diftrefs  and  defolation,  without  water. 


*'^> 


nation!   are  on  a 


:fferson. 


[    lOI    ] 

or  proviftoiii  for  the  fliorteft  voyage,  their  vefleli  fcarcely  in  a  condition 
to  keep  the  fea  at  all,  they  were  forced  to  feek  the  neareft  ports  in 
which  they  could  be  received  and  fupplied  with  neceflaries.  That 
they  have  ever  been  out  again  to  cruife,  is  a  fa£t  we  have  never  heardt 
and  which  we  believe  to  be  imuofllble,  from  the  information  recrived 
of  their  wants,  and  other  impediments  to  a£live  fcrvice.  This  cafe  hat 
been  noted  fpecially,  to  fhew  that  no  inconvenience  can  have  been  pro- 
duced to  the  trade  of  the  other  belligerent  powers,  by  the  prefence  of 
this  fleet  in  our  harbours.  I  fhall  now  proceed  to  more  general 
ground. 

France,  Holland,  and  all  other  nations,  have  a  right  to  cruife  on  out 
coafts ;  a  right  not  derived  from  our  permiflion,  but  from  the  law  of 
nature.  To  render  this  more  advantageous,  France  has  fecured  to 
herfelf,  by  treaty  with  us,  two  fpecial  rights — ift.  Admilfion  for  her 
prizes  and  privateers  into  our  ports.  This,  by  the  XVIIth  and 
XXIId  articles  of  our  treaty,  is  fecured  to  her,  exclufively  of 
her  enemies,  and  there  is  a  falvo  of  it  in  her  favour,  in  our  treaty 
with  the  United  Netherlands. — 2d.  Admiflion  fur  her  public  vefleb 
of  war  into  our  ports,  in  cafes  of  ftrcfs  of  weather,  pirates,  enemies,' 
or  other  urgent  neceffity,  to  refrelh,  vi<^ual,  repair,  &c. — This  is  not 
exclufive,  and  is  fecured  alfo  to  the  United  Netherlands,  by  our  treaty 
with  them,  and  their  public  armed  veffels  are  accordingly  free  to  come 
into  our  ports,  in  all  cafes  of  weather,  pirates,  enemies,  or  other  urgent 
necefiity,  and  to  refrelh,  vidual,  repair,  &c.  And  fo  many  are  thefe 
urgent  neceflitles,  to  veflels  far  from  their  own  ports,  that  we  have 
thought  enquiries  into  the  nature,  as  well  as  the  degree,  of  the  neceffitiet 
which  drive  them  hither,  as  endlefs  as  they  would  be  fruitlefs,  and 
therefore  have  not  made  them  :  And  the  rather,  becaufe  there  is  a 
third  right,  fecured  to  neither  by  treaty,  but  due  to  both  on  the  prin- 
ciples of  hofpitality  between  friendly  nations  ;  that  of  coming  into 
our  ports,  not  under  the  prefTure  of  urgent  neceffity,  but  whenever  their 
comfort  or  convenience  inclines  them.  On  this  ground  alfo  the  two 
nations  are  on  a  footing. 

As  it  has  never  been  conceived,  that  either  would  detain  their  (hips 
of  war  in  our  ports,  when  they  were  in  a  condition  for  a£tion,  we  have 
never  conceived  it  neceffary  to  prefcribe  any  limits  to  the  time  of  their 
ftay.  Nor  can  it  be  viewed  as  an  injury  to  either  party,  to  let  their 
enemies  lie  idle  in  our  ports,  from  year's  end  to  year's  end,  if  they 
choofe  it.  Thus  then,  the  public  (hips  of  war,  of  both  nations  enjoy  a 
perfe A  equality  in  our  ports — ift.  In  cafes  of  urgent  neceffity — ad,  In 
cafes  of  comfort  or  convenience — And  3d,  in  the  time  they  choofe  to 
continue ;  and  all  a  friendly  power  can  afk  of  another  is,  to  extend  to 
her  the  fame  indulgencies  which  (he  extends  to  other  friendly  powers. 
And  though  the  admiflion  of  the  prizes  and  privateers  of  France,  is 
exclufive,  yet  it  is  the  efied  of  treaty,  made  long  ago,  for  valuable 
confiderations,  not  with  a  view  to  prefent  circumftances,  nor  againft 
any  nation  in  particular,  but  all  in  general,  and  may,  therefore,  be 
faithfully  obferved,  without  olfence  to  any  ;  and  we  mean  faithfully  tq 


[    I02    J 

ebnhrre  it.    And  this  hia  b«^  r  pr«fily  admitud,  it  wtl  before  ob. 
ferved,  in  our  treaty  with  the  United  Netherlands. 

With  rcfpcft  to  the  ufurpation  of  admiralty  jurifdi£tion  by  the  con- 
fuls  of  France,  within  thefe  (latei,  the  honor  and  right!  of  the  ftatei 
themfelves,  were  fufficient  motives  for  the  executive  to  take  meafurri 
to  prevent  its  continuance,  as  fuon  as  they  were  apprifed  of  it.  They 
have  been  led,  by  particular  confiderations,  to  await  the  effe6l  of  theft 
meafures,  believing  they  would  be  fufficient ;  but  finding,  at  length, 
they  were  not,  fuch  others  have  been  lately  taken,  as  can  no  longer  fail 
to  fupprefs  this  irregularity  completely. 

I  have  the  honour  to  be,  &c. 

Th:  JEFFERSON. 

New-York,  6th  September, 
2d  year  of  the  French  Republic. 
The  CiltKen  Genets  Mlni/ler  Plenipotentiary  from  the  RepuhRc  of  Franu 
to  the  United  States ^  to  Mr.  Jejfirfon,  Secretary  of  St<ae  of  the  United 
States. 

S  I   R, 

I  HAVE  juft  difcovered  the  mod  horrible  confpiracy  which  hai 
beed  formed  againft  the  arms  of  the  French  republic :  I  have  juft 
difcovered  the  whole  clew  and  all  the  proofs  of  the  infernal  plot>  which 
for  thefe  two  months  detained  the  French  fquadron  in  your  ports,  in 
a  (late  of  nullity ; — of  that  plot  which  threatened,  not  only  the  fafety 
of  our  veffiels,  but  alfo  that  of  our  colonial  poflelfions.  The  traiton 
Galbaud  and  Tanguy,  and  feveral  other  villains,  not  fatisfied  with 
having  caufed,  at  Saint  Domingo,  the  fpilling  of  the  blood  of  an  itn> 
menfe  number  of  people ; — not  fatisiied  with  having  there  caufed  the 
lofs  of  a  Milliard  to  the  Republic,  concerted  here,  at  Baltimore,  and 
at  Philadelphia,  the  projefl  of  bringing  our  forces  to  concur  with  them 
in  th(  execrable  plan  meditated  by  thefe  men,  whofe  crimes  have  caufed 
them  to  flee  their  country,  to  return  to  St.  Domingo,  for  the  purpofe 
of  renewing  there  the  horrors  and  misfortunes  which  they  have  already 
had  committed  in  that  place  ;  I  have  been  informed  that  the  fuccefi 
which  the  colonilts  of  this  place  promifed  to  themfelves  was  nothing  left 
than  founded,  as  was  that,  the  execution  of  which  has  lately  been  at- 
tempted in  the  windward  iflands,  upon  a  propofed  alliance  with  the 
enemies,  now  at  war  with  the  republic, — ^the  Englifh  and  the  Spaniards. 
France,  Sir,  in  fuch  circumftances,  has  required  in  Europe  of  the 
neighbouring  powers,  that  they  oppofe  every  preparation  which  may 
be  attempted  by  the  emigrants,  in  their  dominions,  againft  her  fafety. 
She  expe«Sl8  from  a  friendly  and  allied  government,  that  it  will  be  fuf- 
ficient to  notify  them  of  the  pfots  forming  againft  her  in  their  own  ter- 
ritory, in  order  to  obtain  from  them  all  proper  means  to  fupprefs  them. 
I  haveaffe^^ed  the  difarming  of  the  veflels  v^h  was  in  the  moft  alarm- 
ing ftate  of  rebellion  ;  but  the  inftigators  of  it  have  fled,  and  I  learn 
that  they  are  fpreading  over  the  continent,  where  they  cannot  but  be 
ver}*  injurious,  as  well  to  the  tranquillity  of  thiS)  as  to  the  inteitft  oS^ 
their  own  country. 


si- 


^11  before  ob. 


[    103   ] 

I  therefore  requeft  the  fcdeml  government  to  take  the  moft  fpced}* 
gad  efficacious  meafaret  to  have  them  arrcftedi  and  thereby  prevent 
them  from  committing  the  crimes  which  they  might  attempt.     The 

Sivcroor  and  magiftracy  of  New- York  have  i/Tucd  warrants  again  ft 
albaud,  Tangiiyt Confcicnce,  and  Bonne  {  but  they  have  each  el'caped 
the  a^vity  of  the  pcrfops  fent  to  apprehend  them.  T\\t  traitors  fly 
the  punifliment  referved  for  their  cnmcB»  and  doBhtlefs  will  employ 
themfelveson  new  means  of  executing  the  plots  they  have  formed  again  It 
France.  I  have  pofitive  information  that  they  are  lliU  within  the  con- 
fines of  the  United  States,  and  as  the  warrants  of  New- York  cannot 
be  ferved  out  of  the  bounds  of  the  Hate,  I  particularly  requeft  from 
the  federal  government  againit  the  faid  Gulbaud,  Tanguy,  Confcictice 
and  Bonne,  of  whom  I  fubjoin  a  defcription,  orders  of  arreil,  which 
(hall  extend  throughout  the  continent  of  the  United  States ;  I  alfo  re- 
queft  that  the  moft  ftri£l  and  fpeedy  attcntiou  may  be  had  relative  to 
plots  I  have  mentioned. 

May  this  Agoal  a^,  leaving  no  doubt  as  to  the  fmcerity  of  the  wilhes 
of  the  government  of  the  United  States,  for  the  fuccefs  of  the  Frenclv 
Republic,  caufe  all  the  traitors  to  tremble,  whom  my  efteem  for  your 
country  has  led  me  perhaps  too  much  to  defpife,  and  wh(.  avail  thcmfelves 
of  the  accefswhich  thekindnefsand  hofpitaJityof  your  nation  offer  them, 
toconfpire  withip  its  verybofom,  and  in  the  circle  of  its  moft  elevated 
perfqnages,  agaiaft  France,  and  the  general  freedom  of  nations. 

GENET. 


Philadelphia,  September  12,   1793. 
Mr.  yejerfon.  Secretary  of  StatCt  to  Mr,  Gtmtf  Mini/ler  PUnipoten- 

iiary  of  France. 
Sir, 

I  HAVE  the  honor  of  your  letter  of  the  6th  inftant,  and  can  af- 
fure  you  with  real  truth,  of  the  readinefs  and  zeal  with  which 
the  executive  will  concur,  in  preventing  within  the  limits  of  the  United 
States,  any  preparation  of  hoftilities  againft  France,  or  her  colonies, 
as  far  as  this  can  be  eflfe^ted  by  the  extention  of  that  portion  of  the  pub- 
lic power,  with  which  they  are  invefted  by  the  laws.  Ypur  letter  re- 
quefts  the  arreft  and  delivery  of  Tanguy,  Galbaud,  Confcience,  and 
Bonne,  efcaped  from  the  ftiip  Jupiter,  and  from  the  puniOiment  of 
crimes  committed  againft  the  republic  of  France,  and  alfo  that  necef- 
fary  meafurcs  be  taken,  to  prevent  the  carrying  into  execution,  cer- 
tain plots  formed  by  them  and  others  againil  their  country.  Thefc 
two  requlftttons  ftand  on  different  ground.  The  laws  of  this  country 
take  no  notice  of  crimes  committed  out  of  their  jurifdiAion.  The 
moft  atrocious  offender  coming  within  their  pale,  is  received  by  them 
as  an  innocent  man>  and  they  have  authorifed  no  one  to  feize  or  deliver 
him.  The  evil  of  proteding  malefaf^ors  of  every  dye,  is  fenlibly  felt 
here,  as  in  other  countries  ;  but  until  a  reformation  of  the  criminal 
codes  of  moft  n^ionS)  to  deliver  fugitives  from  them,  would  be  to  be- 
come their  accompUcei :  the  former,  therefore,  is  viewed  as  the  lefTcr 


^  t  104  ] 

eviL-  When  the  confular  convendon  with  France  was  under  confi* 
deration,  this  fubjed  was  attended  to :  but  we  could  agree  to  go  no 
further  than  is  done  in  the  IXth  article  of  that  inftrument,  where  we 
agree  mutually  to  deliver  up  "  captains,  officers,  mariners,  failors,  and 
all  other  perfons  being  part  of  the  crews  of  veflels,"  &c.  untefs  there- 
fore the  perfons  before  named,  be  part  of  the  crew  of  fome  veffel  of 
the  French  nation,  no  perfon  in  this  country  is  authorifed  to  deliver 
them  up,  but  on  the  contrary,  they  are  under  the  prote£^ion  of  the 
laws.  If  they  are  part  of  the  crew  of  a  veffel  they  are  to  be  delivered 
up,  but  then  it  happens  that  the  diftri£l  judge  of  each  ftate,  is  by  the 
law  of  Congrefs,  made  the  competent  perfon  to  execute  this  article  of 
the  convention,  and  confequently  each  within  his  own  ftate,  and  no 
one  over  all  the  dates,  fo  that  as  criminals  they  cannot  be  given  up, 
and  if  they  be  of  the  crew  of  a  veffel,  the  z&i  of  Congrefs  has  not  given 
authority  to  any  one  officer  to  fend  his  procefs  through  all  the  ftates  of 
the  Union.  The  other  branch  of  your  requeft  is  more  completely  pro- 
vided for  by  the  laws,  which  authorife  coercions  as  to  the  expeditions 
formed  in  the  territory  of  the  United  States  againft  nations  with  whom 
they  are  at  peace.  If,  therefore,  you  will  be  pleafed  to  give  me  fuch 
information  as  to  perfons  and  places  as  may  indicate  to  what  points  the 
vigilance  of  tht  officers  is  to  be  diredled,  proper  meafures  will  be  im- 
mediately taken  for  preventing  every  attempt  to  make  any  hoftile  ex- 
pedition from  thefe  ftatcs  againft  any  of  the  dominions  of  France,  the 
ftronger  the  proofs  you  can  produce,  and  the  more  pointed  as  to  per- 
fons, theftronger  will  be  the  meiits  of  coercion  which  the  laws  will  al- 
low to  be  ufed. 

I  have  not  yet  yet  laid  this  matter  before  the  Prelldent,  who  is  ab- 
fent  from  the  feat  of  government,  but  to  fave  delay  which  might  be  in- 
jurious, I  have  taken  the  liberty,  as  the  cafe  is  plain,  to  give  you  this 
prov'tfory  anfwer:  \  fhall  immediately  communicate  it  to  the  Prefident, 
and  if  he  fhall  dire6^  any  thing  in  addition,  or  alteration,  it  (hall  be 
the  fubje£l  of  another  letter.  In  the  mean  time,  I  may  venture  to  let 
this  be  confidered  as  a  ground  for  your  proceeding. 

I  have  the  honor  to  be,  &c. 

Th:   JEFFERSON. 

Philadelphia,  September  12,   1793. 
Mr*  Jefferfotif  Seiretary  of  State t  to   Mr.   Hamilton,  Secretary  of  tht 

Treafury. 
Sir, 

I  HAVE  the  honor  to  enclofe  you  a  paper  delivered  me  by  Mr. 
Boumonville,  on  the  part  of  the  Minifter  of  France,  reclaiming 
againft  the  demand  of  tonnage  on  the  veffels  which  came  hither  from 
the  Weft-Indies,  in  their  late  calamity — It  is  urged,  that  they  were 
driven  out  of  their  harbours  by  fuperior  force,  and  obliged  td  put  to 
fea  without  water  or  ftores,  and  therefore,  to  make  the  firft  port* 
where  they  could  be  relieved ;  which  ronftitute,  in  their  opinion,  thofe 
eircumftances  of  diftrefs  and  neceffity,  which  exempt  veffels  from  the 


[  «°5  ] 


nder  conH- 
e  to  go  no 
,  where  wc 
fallors,  and 
intefs  there- 
me  veffel  of 
d  to  deliver 
£):ion  of  the 
be  delivered 
e,  is  by  the 
lis  article  of 
ite,  and  no 
)e  given  up, 
as  not  given 
the  Hates  of 
npletely  pro- 
expeditions 
i  with  whom 
rive  me  fuch 
at  points  the 
s  will  be  im- 
ly  hoftile  ex- 
France,  the 
:d  as  to  per- 
laws  will  al- 

who  is  ab- 
might  be  in- 

ive  you  this 
le  Prefident, 
it  (hall  be 
[enture  to  let 


SON. 

|2»  1793- 
[etary  of  the 

I  me  by  Mr. 

reclaiming 
lither  from 

they  were 
td  put  to 

firft  porti 
Inion,  thofe 
lit  from  the 


payment  of  tonnage.  This  cafe  belongs  to  your  department.  I  tak£ 
the  liberty,  in  the  abfence  of  the  Prefident,  and  to  fave  time,  to  tranf- 
mit  it  to  you  direftly,  for  your  confideration. 

I  have  the  honor  to  be,  &c. 

Th:    JEFFERSON. 


New-York,  24  September^  1793. 
2d  year  of  the  Republic  of  France. 
Citizen  Genet,    Miniver  Plenipaientiary   of  the  Republic  of  France ^  to 
M*"'  ydF^rf""*  Secretary  of  State  of  the  United  States. 
Sir, 

I  AM  charged  to  communicate  to  you  the  decree  rendered  by  the 
National  Convention,  on  the  13th  of  April  laft,  by  which  they 
declare,  **  That  the  French  people  fhall  not  intermeddle,  in  any  manr 
Tier,  with  the  government-  of  other  powers,  but  that  they  will  not  fuffer 
any  power  to  intermeddle  with  the  interior  adminifl^ration  of  the  Re- 
public, and  pronouncing  the  penalty  of  death  on  whoever  (hall  pro- 
pofe  to  negociate  or  treat  with  enemy  powers,  who  fhall  not  have  fo- 
lemnly  acknowledged  the  independence  and  fovtreignty  of  the  French 
Republic." 

When  the  French  citizens,  by  the  example  of  thofe  of  America, 
have  thought  proper  to  eflabliHi  a  government  founded  on  the  rights  of 
man,  it  was  to  be  expe£led,  that  they  would  find  enemies  in  all  thofe, 
ambitious  and  eager  for  authority — in  all  the  cabinets  in  which  Machia- 
velifme  is  honored ;  and  when  the  French  people,  foured,  fatigued 
with  the  dark  machinations  of  their  enemies,  their  public  attacks — 
the  infults  contained  in  the  afts  of  the  defpotic  courts — of  govern- 
ments tending  to  monarchy,  have  thought  proper  to  r6pel  thefe  perfi- 
dies, by  afts  marked  with  the  ftamp  of  loyalty,  greatnefs,  philo- 
fophy,  even  at  the  inilant  their  vile  enemies  reported  that  they  wiftied 
to  annihilate  all  the  governments — to  deftroy  all  authority — to  fpread 
trouble  and  confufion  throughout — as  if  to  oppofe  a  provocation,  was 
not  a  natural  right ;  as  if  a  great  people,  viftim  of  the  particular  hatred 
of  the  government  of  another  people,  had  not  the  right  to  retaliate 
their  fears,  to  enlighten  them  as  to  their  errors,  and  to  endeavour,  by 
thefe  ple^fant  and  juft  means,  to  ward  off  great  misfortunes,  even  to 
prevent  war.  Be  this  as  it  may,  the  National  Convention  has  thought 
it  a  duty  to  affure  the  friends  of  humanity,  and  to  (hut  the  mouths  of 
their  enemies,  to  proclaim  the  intentions  of  the  French  people,  whofc 
agents  will  (hew,  in  every  circumftance,  that  they  know  as  well  how  to 
refpeft  the  laws  of  other  people,  as  to  defend  thofe  of  the  French  na- 
tion, and  to  maintain  their  rights. 

Accept  my  refpeft, 

GENET 


MONTICELLO,   IN  VIRGINIA,  0<!7.  2,  I793. 

Mr,  ^fJerfoHt  Secretary  of  Stale,  to  Mr.  Genet,  Mtntfler  PUnipoten' 

'     tlary  of  France, 
Sir, 

I  WAS  lionoreJ,  ycfterday,  ythh  your  letter  of  the  14th  of  Sep- 
tember,  covering  th?  cortimiflion  of  the  Citizen  Dannery,  to  be 
Coiiful  of  the  Repubh'c  of  France,  at  Dofton.  I  now  lay  the  fame,  by 
letter,  before  the  Prefident,  to  obtain  his  Exequatur,  which  will  be  for- 
warded to  you  with  the  commiffion.  The  exeq^uatur  is  made  exaftly  com- 
menfurate  with  the  commiffion ;  but  I  apprehend,  that  neither  is  fo  with 
the  intentions  of  the  Executive  Council,  who  probably  did  not  mean 
to  confine  the  fundliona  of  Mr.  Dannery  to^  the  townfliip  of  Bollcn. 
Should  this  be  the  cafe,  you  will  be  fenfible  of  the  expediency  of  ob- 
taining for  him,  as  early  as  pcffiblc,  a  new  commiffion,  defining  the 
limits  of  hf3  office,  as  extcnfivdy  n.;  they  mean  he  fhall  cxercife  them, 
to  which  a  new  exequatur  being  adapted,  their  intentions  will  be  fi;I- 
fiUed. 

Satisfied  that  errors  in  the  addrcfs  of  their  commtffions,  proceed 
from  a  want  of  intimacy  with  our  conttitution  ;  no  difficulty  has  been 
made,  on  that  account,  in  the  cafe  of  the  pi-efent  commiffion.  But  it 
is  my  duty  to  remark  to  you,  that,  by  our  conftitirtion,  aH  foreign 
agents  are  to  fee  addreffed  to  the  Prplident  of  the  United  States,  ro 
other  branch  of  the  government  being  charged  with  the  foreign  com- 
munications. I  have  no  doubt  you  will  draw  the  attention  of  your 
government  to  this  circumllance  of  form  ifi  future  commillions. 

X  have  the  honor  to  be,  &c. 

Th:    JEFFERSON. 


GEORGE  WASHINGTON,  president  of  the  united 

STATES  OF  AMERICA, 
TO  ALL    WHOM   IT    MAY    CONCERN: 

THE  Citizen  Dannery,  having  produced  to  me  his  commiffion,  as 
Conful  for  the  Republic  of  France,  at  Bollon,  I  do  hereby 
recognise  him  as  fuch,  and  do  declare  him  free  to  'Cxercife  and  enjoy 
fuch  funftions,  powers  an-J  privileges  as  are  allowed  to  Confuls  of  the 
French  Republic  by  the  laws,  treaties  and  conventions,  in  that  cafe 
made  and  provided. 

Ill  Teftimony  whereof,  I  have  caufed  thefe  letters  to  be  made  pa- 
tent, and  the  feal  of  the  United  States  to  be  hereunto  affixed. 

,    Given  under  my  hand,  the day  of ,  in 

'  the  year  of  our  Lord  one  thoufand  feven  hundred  and 
ninety-three,  and  Independence  of  the  United  States 
of  Amcnca  the  eighteenth.  . 
By  the  Prefident, 

Th:    JEFFERSON. 


[  107  ] 


THE     UNITED 


#  •  October  3d,  1793. 

Mr.  jftfferfonj  Secretary  of  Statcy  to  Mr.  Dujs/ahe,    Fice  Conful  of 

France,  at  Bojion. 
Sir, 

AUTHENTIC  information  being  received,  that,  under  colour 
of  your  office,  as  vice  conful  of  the  RcpubHc  of  France,  you 
have,  with  an  armed  force,  oppofed  the  courfe  of  the  laws  of  the  land, 
and  refcued  out  of  the  hands  of  on  officer  of  juftice,  a  veflel  which  he 
had  arrefled  by  authority  of  a  precept  from  his  court.  The  Prefident 
of  the  United  States  has  confidercd  it  as  incon.'illent  with  the  authority 
of  the  laws,  and  the  refpedl  which  it  is  hia  office  to  enforce  to  them, 
that  you  fliould  any  longer  be  permitted  to  exercife  the  funflions,  or 
enjoy  the  privileges,  of  vice  conful  in  thefe  United  States  ;  and  has 
therefore  thought  proper,  by  the  letters  patent,  of  whicli  I  enclofo 
you  a  copy,  to  revoke  the  exequatur  heretofore  gianted  you,  and  to 
make  the  fame  public.  I  have  the  honor  alfo,  to  enclofe  copies  of  the 
evidence  whereon  this  meafure  is  founded. 

And  to  be,  &c.  1 

Th:    JEFFERSON. 


UNITED  STATES  OF  AMERICA, 

mr\a  of  \ 

Mafachufetts.X 
THE  PRESIDENT  OF  THE  UNITED  STATES  OF 

AMERICA,  fs. 
To  the  Marshal  of  our  District  of  Massachusetts,  or 

HIS  Deputy. 
GREETING  : 

WE  command  you,  that  you  replevy  the  goods  and  chattels  fol- 
lowing, viz.  A  certain  fchooner  called  the  Greyhound,  of  the 
burden  of  forty  tons,  or  thereabouts,  whereof  John  Henry  Hill  was 
late  mailer,  together  with  her  boat,  rigging,  tackle,  apparel,  and  fur- 
niture whatfoever,  alfo  the  cargo  of  faid  fchooner,  now  on  board  the 
fame,  conflfting  of  ninety-five  thoufand  mackarel,  in  bulk,  equal  to 
four  hundred  banrels — ^The  fame  goods  and  chattels  belonging  to  Alex- 
ander Brymer  and  Andrew  Belcher,  of  Halifax,  in  the  province  of 
Nova  Scotia,  merchants,  now  taken  and  detained  by  Lewis  Guilliaume 
Felix  Laumofne,  of  Boflon,  in  faid  diftrid,  «t  Bofton  harbour,  fo 
called  in  Bofton  aforefaid  ;  and  them  deliver  unto  the  faid  Brymer  and 
Belcher;  provided  the  fame  are  not  taken  and  detained  upon  mean 
procefs,  warrant  of  diftrefs,  or  upon  execution,  as  the  property  of  the 
(aid  Brymer  and  Belcher ;  and  fummon  the  fajd  Lewis,  that  he  app' 
before  our  juftices  of  our  circuit  court,  next  to  be  holden  at  Bo' 
within  and  for  our  diftrift  of  Maflachufetts,  on  the  twelfth 
OAober  next,  to  anfwer  unto  the  faid  Biymer  and  Belcher,  ' 
of  replevin,  for  that  the  faid  Lewis,  on  the  twenty-firft.  day 
inftant,  at  faid  Boitoh,  unlawfully,  and  without  any  juft* 
took  the  goods  and  chattels  of  the  faid  Br)'mer  and  B 


i 


of  Mg^ 

'Aab\e  cau[«; 
acheraaafove; 


• 


[  io8  ] 


faid,  and  thfm  unlawfully  detained  to  this  day,  to  the  damage  of  the 
faid  Brymer  and  Belcher,  as  tjiey  fay,  the  fum  of  two  thouland  del- 
lars :  Provided,  they  the  faid  Brymer  and  Belcher  (hall  give  bond  to 
the  faid  Lewis,  with  fufficient  furety  or  fureties,  in  the  fum  of  four 
thoufand  dollars,  being  twice  the  value  of  the  faid  goods  and  chattels, 
to  profecute  the  faid  replevin  to  final  judgment,  and  to  pay  fuch  da- 
mages and  cofts  as  the  laid  Lewis  (hall  recover  againft  him  ;  and  alfo 
to  return  and  reftore  the  fame  goods  and  chattels,  in  like  good  order 
and  condition  as  when  taken,  in  cafe  fuch  (hall  be  the  final  judgment. 
And  have  you  there  this  writ,  with  your  doings  herein,  together  with 
the  bond  you  fhall  take.  Witncfs  John  Jay,  Efquire,-  at  Bofton,  thix 
twenty-firft  day  of  Auguft,  in  the  year  of  our  Lord  one  thoufand  feveii 
himdred  and  ninety-three. 

N.  G  0  O  D  A  L,  Clerk. 
A  true  copy. 

Atteft,         Saml.  Bradford,  Dy.  MarH. 

,' 
I  Thomas  AMORY,jun.  fZ/'/o/^.* 

THAT  on  the  2 2d  day  of  Augull,  at  the  requeft  of  C.  Gore, 
£fq.  and  Gen.  Brooks,  I  went  with  the  latter  on  board  the 
frigate  La  Concorde,  introduced  him  to  the  Capt.  and  informed  Capt. 
Van   Dogen,  that   Gen.  Brooks  was  marfhal  of  this  diftridl,  and 
waited  on  him  relative  to  the  fchooner  which  Col.  Bradford  had  at- 
tempted to  replevin,  but  interrupted  in  the  fervice  of  his  precept  by 
an  armed  force,  fent  by  his  order  from  on  board  the  frigate,  that  Gen. 
Brooks  wi(hed  to  converfe  with  him,  and  the  conful  on  the  fubjeft 
when  convenient — foon  after  the  company  withdrew,  when   Gen. 
iVooks  in  prcfence  of  the  captain,  conful,  juftice  Cooper  and  myfelf, 
told  the  captain  that  Col.  Bradford  his  deputy,  had  been  interrupted 
in  ferving  a  precept  on  the  fchooner  Greyhound,  taken  by  the  priva- 
teer, pointing  to  the  veffel  under  the  frigate's  ftem,  by  an  armed  force 
imder  his  orders,  and  that  he  had  waited  on  him  to  demand  afurren- 
der  of  the  veflTel  to  Col.  Bradford  his  deputy  mzurfhal :  when  the  cap- 
tain exprcfTed  his  diflike  to  the  taking  the  Americans  out  of  the  pri- 
vateer and  prizes  the  ('^v  before,  to  Col.  Bradford,  ferving  the  pre- 
cept— that  he  receivCv'       \ers  firom  the  conful  to  withhold  and  pro- ' 
te6l,  that  it  was  his  duty  nnd  he  certainly  (hould  proteft  her — ;thc  con- 
ful faid  that  any  vefTel  wearing  the  national  flag  of  the  Republic  of 
Trance,  of  courfe  was  entitled  to  his  proteAion  ;  when  Gen.  Brooks 
put  this  cafe,  (hould  a  French  merchant-man,  be  attached  in  this  port 
by  a  citizen  of  the  United  States,  would  you  confider  it  your  duty  to 
take  that  veiTel  under  your  protedion  againft  the  procefs  ?    The  cap- 
tain anfwered  in  the  affirmative — ^the  captain  afterwards  told  me  that 
he  had  written  to  the  Governor,  and  that  if  he  demanded  the  prize, 
he  muft  of  courfe  rdinquifh  her,  forwarding  the  Governor's  reply  with 
jcopy  of  his  letter  to  the  minifter  of  France.     The  conful  then  ap- 
tjointed  to  meet  at  his  lodgings  in  the  evening,  where  I  accompanied 
pen.  Brooks,  and  after  much  converfation,  the  conful  faid,  he  did  not 


[  109  ] 

f 

wifli  to  oppoft  force  to  the  execution  of  our  laws,  tliat  he  left  the 
fi  'ate  in  a  great  hurry,  or  he  (hould  thenliave  given  orders  toCapt. 
Van  Dogen  to  withdraw  his  njen  out  of  the  prize,  and  leave  her  to  the 
controul  of  Col.  Bradford,  and  that  he  would  then  do  it,  but  fhould 
at  the  fame  time  protefl  againft  the  bufuiefs.  At  that  moment  Mr. 
Jutau  came  into  the  room,  and  faid  a  few  words  to  the  conful  ^n 
French,  the  conful  turned  about  and  faid  he  (hould  not  rclinquiih  the 
veflel ;  when  I  reminded  him  of  what  he  had  juft  before  promiftrd^ 
he  faid  again,  he  was  forry  for  the  difficulty.  The  marfhal  then  faid, 
that  a  great  deal  had  paffed  on  the  fubjedl,  and  he  now  withcd  a  catcgo> 
rical  anfwer  to  his  demand— the  general  wiflied  to  know  if  he  was  to 
underiland,  that  he,  the  conful,  refufed  to  allow  Col.  Bradford  to  take 
charge  of  the  veffel,  the  Conful  faid  he  did  not,  certainly  did  not,  wifh 
to  oppofe  force  to  the  officers  of  law  in  this  country.  Said  he  wilhed 
then  to  write,  and  promifed  to  anfwer,  conclufively,  in  the  morning. 
Friday  morning,  Auguft  24,  8  o'clock.  This  morning.  Gen.  Brooks 
and  myfelf  waited  on  the  conful,  when  informed  us,  he  had  concluded 
to  keep  pofFeffion  of  the  veffel,  and  Gen.  Brooks  informed  him  he  (hould 
make  a  reprefentation  of  the  buHnefs  to  the  government.  I  then  handed 
the  confid  an  open  letter  from  C.Gore,  Efq.  and  took  leave  with  Gen, 
Brooks — a  copy  of  which  letter  is  hereunto  annexed. 

THOMAS  AMORY,jun. 
Boston,  September  lotH,  1793. 

The  conful  did,  in  my  prefence,  read  part,  or  the  whole  of  the  letter 
referred  to,  and  made  no  reply. 

THOMAS  AMORY,jun. 


Sworn  to,  September  loth,  1793. 

Before  J.  Lowell,  Judge  of  the  DtjiriS  Court 
of  Maffachufetts  Dtjlria, 


Sir, 


Boston,  22d  Augiift,  1793. 


I  HAVE  been  informed  that  the  marshal  of  the  diftrid  of  Maffa- 
chufetts,  yefterday,  in  obedience  to  a  precept  from  the  Circuit 
Caprt  of  the  United  States,  replevied  a  veffel  in  this  harbour  \  that  after 
he  had  fo  replevied  the  veffel,  a  number  of  armed  men,  ailing  by 
your  order,  and  under  your  authority,  forcibly  took  from  him  the  vef- 
fel, and  now  refills  the  execution  of  his  precept,  as  Attorney  for  the 
United  States  within  the  diflrifl  of  Maffachufetts.  I  do  demand  of 
you  that  you  remove  the  force  and  obftruftion  which  you  oppofe  te 
the  laws  of  the  United  States. 

I  am.  Sir, 

Your  obedient  fervant.  ^ 

Mr.  Dv J L Ann,  FUe-ConfuL  »• 


%         [ "°  j 

/  Rufus  Green  ytmory^  of  Bojion^  in  Mnjfachufettt  DtftrlS,  of  lawful 

aget  te/ilfy  and  fay  ^ 

THAT  on  the  twenty-fecond  Any  of  Auguft  laft,  being  informed 
that  the  fchooner Greyhound,  againft  which  I  had  {(Tued  a  writ  of 
replevin,  in  favour  of  Meflrs.  Brymer  and  Belcher,  returnable  to  the 
next  circuit-court,  for  faid  dillrid,  was  taken  from  Col.. Bradford,  the 
deputy  marfhal,  by  fome  French  people,  I  went  on  board  the  fhip  of 
war  called  the  Concord,  commanded  by  Captain  Van  Dogen,  to  en- 
quire if  the  faid  fchooner  was  under  his  cuflody-rthe  faid  captain  in- 
formed, me  that  ihe  was  under  his  protedion.  I  told  him  that  the 
civil  officer.  Colonel  Bradford,  as  marihal  of  the  dillrid:,  had  gone  on 
board  the  faid  fchooner  to  replevy  her  under  procefs  of  law.  That 
on  the  evening  before,  wh"'  the  faid  marfhal  was  on  board  faid  fchoo- 
ner, by  virtue  of  his  precept,  fome  armed  people  went  on  board,  and 
againil  the  will  of  faid  marfhal,  had  brought  faid  fchooner  near  hit 
fhip,  and  I  aiked  him,  if  the  fame  was  done  by  his  authority — the  faid 
Captain  Van  Dogen  told  me,  that  fome  perfon  had  complained  to  him 
of  gn  attempt  to  carry  the  faid  fchooner  away  from  her  anchorage  in 
the  night  time,  and  that. to  prevent  the  fame,  he  had  ordered  fome  of 
his  people  on  board  her,  and  had  direfted  her  to  be  brought  nearer  to 
liis  fhip — where  fhe  then  was — I  aflced  him  if  he  would  deliver  the 
fchooner  to  the  marfhal,  and  he  faid  that  he  fhould  not  without  orders 
from  the  conful  of  France.  I  afked  him  if  the  faid  fchooner  was  in 
his  cuftody  before  the  marfhal  had  entered  on  board  her — he  faid  that 
he  had  none  of  his  people  on  l>oard — ^but  fhe  came  into  harbour  under 
French  colours  as  a  prize,  and  that  the  captain  of  her  had  afked  his 
leave  for  anchorage  where  fhe  had  come  to,  and,  as  being  under  a 
French  commiflion  in  public  fcrvice,  he  had  conAdered  the  faid  vefFcl 
under  his  protedlion. 

RUFUS  G.  AMORY. 
September  loth.  Sworn  to,  before 

J.     LOWELL,  Jukge  of  the 
Diflria  Court  of  Majachufetts  Dl/lria. 
I  the  faid  Rufus  Greene  Amory,  further  teilify,  that  (aid  Captain 
Van  Dogen  told  me,  that  he  had  complained  to  the  Governor  con- 
cerning the  attempt  to  carry  away  the  faid  fchooner  in  the  night  time, 
without  his  leave.  RUFUS  G.  AMORY. 


I  John  Brooks  t  Marfhal  of  the  Diftria  of  Majachufetts ^  do  tepfy  and 

THAT  on  the  twenty-fecond  day  of  Auguft  lafl,  being  in  Boflon, 
and  finding  that  colonel  Samuel  Bradford,  deputy  marfhal  for 
faid  diflridt,  in  ferving  a  writ  of  replevin  upon  the  fchooner  Grey- 
hound, had  been  oppoicd  by  an  armed  force,  afting  under  the  orders 
of  Captain  Van  Dogen,  commander  of  the  French  frigate  "  La  Con- 
dttrd,"  I  went  on  board  faid  frigate,  to  demand  of  the  captain  the 
reftoration  of  the  faid  fchooner.  Upon  my  opening  to  captain  Van 
Dbgen  the  objcft  of  my  vlfit,  (wluch  was  done  in  the  prefencc  of 


[  I"  ] 


,  of  la'wjul 

I  informed 
ed  a  writ  of 
able  to  the 
adford,  the 
the  fhip  of 
gen,  to  en- 
captain  in. 
m  that  tlie    ' 
ad  gone  on 
3w.     That 
faid  fchoo- 
board,  and 
ler  near  hi» 
jr — the  faid 
incd  to  him 
nchoragein 
red  fome  of 
It  nearer  to 
deliver  the 
hout  orders 
ner  was  in 
le  faid  that 
boiir  under 
d  a{ked  his 
ng  under  a 
:  faid  veflel 

dORY. 

Igeofthe 
ts  Dl/lrla. 
d  Captain 
rnor  con- 
ight  time, 
ORY# 

Veftlfy  and 

In  Bofton, 

larfhal  for 

ler  Grey- 

le  orders 

1  La  Con- 
jtain  the 
tain  Van 
:fencc  of 


Mr.  Duplaine,  the  French  conful,  Mr.  Jullice  Cooper,  and  Mr.  Tho- 
mas Amory)   he  difcovered  confiderable  warmth  and  difplcafure  at 
fome  Americans  having  be^n  taken  from  on  board  a  French  vofiel,  as 
well  as  at  the  attempt  of  Col.  Bradford  to  poflefb  himfrlf  of  a  velTd 
bearing  the  colours  of  France,  while  under  the  proteftion  of  a  fliip  of 
force  belonging  to  the  French  republic.    Aa  my  object  was  to  demand 
of  Captain  Van  Dogen,  reftoration  of  the  fchooncr  aforefaid,  and  to 
obtain  from  him  a  categorical  anfwer,  I  avoided  as  much  as  pofllble 
the  difcuffion  of  any  fubjeft  irrelative  thereto ;  and  at  length  obtained 
from  him  a  delaratiun,  that  as  he  had  received  his  orders  from  the 
French  conful,  for  doing  what  he  had  done,  and  as  it  was  his  duty 
to  obey  the  conful.  he  could  not  furrender  the  fchooner.     That  he 
was  an  officer,  and  mult  obey  his  orders.     Immediately  upon  Captain 
Van  Dogen  having  made  the  above  mentioned  declaration,  which  was 
done  in  prcfenceofthe  French  conful,  the  latter  obferved  to  me,  that 
he  thought  it  a  pity  that  any  difficulty  fliould  arife  about  the  fchooner 
— ^that  he  believed,  if  he  and  myftlf  were  to  take  our  papers,  we  could, 
fettle  the  whole  affair  in  a  few  minutes,  and  propofed  that  I  fhould 
meet  him  on  (hore  in  one  hour.     To  this  I  agreed,  and  we  met  ac- 
cordingly.    The  refult,  after  more  than  an  hour's  converfation  at  this 
interview,    was    a   propofition    for  another   the  next    morning   at 
eight  o'clock.     At  the   time  afllgned,   I  again    waited  onthe  con- 
ful at  his  lodgings.     Upon    my  entering  the  houfe,   he  informed 
me,  that  he  had  come  to  a  determination  about  the  fchooner — ^that 
things  (hould  remain  as  they  then  were-that  he  fhould  keep  poffeflion  of 
the  fchooner — that  I  muft  apply  to  the  governor,  and  that  if  the  go- 
vernor did  not  do  fomething  about  it,  he  fhould  advertife  the  fchooner 
in  the  newfpapers,  and  if  in  fix  days  nobody  proved  a  claim  to  her,  he 
fhould  condemn  her  to  the  captors,  or  words  to  that  effect. 

I  further  tcftify,  That,  in  the  converfation  with  Capt.  Van  Dogen, 
he  informed  me,  that  by  the  laws  of  the  French  republic,  it  was  the 
duty  of  commanders  of  the  fhips  of  thefsud  republic,  when  in  foreign 
ports,  where  there  were  French  confuls,  to  obey  the  orders  of  fuch 
confuls — that  the  confuls  were  admirals,  or  had  the  power  of  admirals, 
or  words  tb  that  tStOi.  Captain  Van  Dogen  faid  tJiis  in  the  prefence 
of  the  French  conful. 

I  further  teftify,  That  Mr.  Duplaine  the  French  Conful  told  me, 
it  had  been  his  dcfign  to  withdraw  the  armed  force  from  the  fcho<Hier 
Greyhound,  and  intimated  to  me  that  he  would  give  an  order  to  have 
faid  force  withdrawn — in  which  cafe,  he  faid  he  fhould  protefl  againft' 
the  meafures  then  purfuing  by  the  government  of  the  United  States*- 
but  that  he,  the  faid  conful,  afterwards  refufed  to  withdraw  faid  forcf, 
as  above  faid. 

J.     B  R  O  O  K  S. 
Sworn  to,  September  loth,  I793»  before 

JOHN    I.O'WIL'LU  Jiulgeoftbt 
D'lftria  Court  nf  Majfaehufetts  Dijlrh^ 


[    Hi    ] 

United  States  District  OF  Massachusetts, 

September  lOthti'/f^^, 
THEN  Thomas  Amory',  jnn.  Rufus  Greene  Amoiy,  Nathanii! 
Byfield  Lycle,  and  John  Brooks,  Efquire,  made  oath  to  the  truth  of 
the  annexed  depofitions,  by  them  refptftively  fubfcrlbcd,  in  the  pre- 
fence  of  Antoine  Charbonet  Duplainc,  j^nd  declared,  that  they  did 
not  rccolle<S^  any  other  material  ci'rcumftance  relative  to  the  matter  in 
enquiry  ;  and  the  annexed  depofition  of  Samuel  Bradford  is  tranfcript 
of  his  depofition  taken  under  like  circumdances.     Before 

JOHN    LOWELL,  >fl(f^  o///.t 
Dyiria  Court  of  Mojachufetts  D'tjintl, 

I  Nathl.  B^eld  Lydcy  of  lawful  age,  ttjl'ify  and  fay  ^ 

THAT  on  the  evening  of  the  twenty-fim  of  Augull  inilant,  at 
the  requell  of  Samuel  Bradford,  Efq.  marfhal  of  MafTachufetts 
diftridt,  I  went  with  him  on  board  the  fchooner  Greyhound,  laying 
off  the  end  of  Long-wharf,  in  the  harbour  of  Boilon.  The  faid  Brad- 
ford went  on  board  of  faid  fchooner,  as  I  underflood  to  fcrve  a  writ 
of  replevin  againft  the  faid  fchooner,  which  iffucd  from  a  circuit  court 
of  faid  diftrift,  in  behalf  of  Mcfirs.  Brimmer  and  Belcher  of  Halifax, 
Nova-Scotia,  merchants;  faid  Bradford  wanted  my  afTiIlance  in  the 
fervice  of  faid  writ — we  got  on  board  juft  after  nine  o'clock,  and  faw 
one  perfon  on  board,  who  appeared  to  be  a  Frenchman — Colonel  Brad- 
ford made  known  to  him,  he  had  a  procefs  againft  the  faid  veifel,  and 
enquired  for  the  mafter — The  faid  Frenchman  hailed  a  veffel  which 
appeared  to  be  a  privateer,  and  a  perfon  came  on  board,  who  faid, 
that  he  was  prize-mafter  of  faid  fchooner — Mr.  Bradford  then  made 
known  to  him  that  he  had  a  precept  or  writ  of  replevin,  and  by  virtue 
of  that  he  had  taken  pofleflion  of  the  fchooner — The  prize-mafter  then 
requefted  that  he  might  call  for  Mr.  Jutau,  who  was  faid  to  be  on 
board  the  frigate  Concord;  foon  after  which  Mr.  Jutau  came  on  board 
with  fome  other  perfons,  thd  faid  marfhal  then  made  known  to  Mr. 
Jutau  the  purpofe  and  authority  by  which  hehad  come  onboard,  faid  Ju- 
tau explained  thefame  to  thofe  perfons  on  boavdfaidfchooner—Mr.Jutau 
foon  after  went  on  board  the  frigate;  an  officer  and  about  twelve  meu 
came  on  board  the  fchooner,  from  the  frigate,  all  aiined — The  faid  of- 
ficer foon  after,  ordered  the  fchooner  to  be  removed  near  to  the  frigate 
-i— 'Kie  marftial  told  faid  officer  his  authority  by  which  he  hr.d  taken 
poifeifion,  and  forbid  him  to  move  the  faid  fchooner,  this  removal  was 
between  ten  and  eleven  o'clock  the  fame  evening,  fliortly  afterwards  the 
French  conful  with  Mr.  Jutau  came  on  board — The  marfhal  then  in- 

.  formed  them  by  what  authority  he  came  on  board,  and  had  taken  pof- 
feflion  of  the  fchooner — The  conful  then  informed  the  marftial,  that  lit 
(hould  keep  pofleflion  of  the  fchooner — The  marfhal  then  told  the  faid 
conful,  he  would  not  quit  the  fchooner — the  faid  fchooner  for  one  or 

^two  days  remained  in  pofleflion  of  the  officer  and  armed  men,  contrar)' 
to  the  orders  and  will  of  the  faid  marftial,  but  the  marftial  remained  on 
board  of  faid  fchooner — I  was  alfo  on  board  the  fri;];nte  in  the  morn- 


\V 


[  "3  1 

lug  of  the  2  ad  Auguft,  with  Mr.  Amory,  attorney  to  and  on  the 
part  of  McfTrs.  Drimcr  and  Belcher,  when  the  captain  informed  faid 
Amorj',  he  (hould  proteft  and  retain  faid  fchooner  under  his  protec- 
tion notwithilanding  the  authority  and  doings  of  faid  marn\al,  a&  men- 
tioned to  hiin  by  Mr.  Amory,  who  related  tlie  fame  to  him. 

Nathl.  Byd.  LYDE. 
Sworn  to,  September  10//&,  1793,  before 

JOHN     L  O  W  E  L  Im  Jud^e  of  the 
Dlftrla  Court  of  Mafachufetts  Dijriil, 


I  Samuel  Bradford,  Z)<r/i«/y  Marjbal  of  the  Dlftria  of  Majfachufetts^ 

DO  TkSTIFY,  AND  SAY, 

THAT  on  Wednefday  the  twcnty-firft  day  of  Auguft,  at  about 
feven  of  the  clock,  P.  M.  I  was  pofTefled  of  a  writ,  Brimer  and 
Belcher,  plaintiS,  in  replevin,  vs.  Laumofne,  commanding  to  replevy 
the  fchooner  called  the  Greyhound ;  that  I  immediately  proceeded  to 
ferve  the  faid  procefs,  and  was  accompanied  on  board  the  faid  fchooner, 
then  lying  in  the  harbour  of  Bofton,  by  captains  Lyde  and  Hayman— 
We  found  only  one  man  on  board  ;  I  enquired  for  Mr.  Laumofne,  the 
prize-mafter — The  Frenchman  hailed  the  privateer  Rowland,  and,  at 
my  rt* quell,  informed  the  people  on  board  faid  privateer,  that  an  Ame- 
rican had  bufinefs  with  Mr.  Laumofne — The  faid  Laumofne  came  on 
hoard,  attended  by  the  captain  of  th«  privateer— I  read  the  precept  to 
the  pri/e-mu(tcr,  and  explained  to  him  the  nature  of  the  procefs,  and 
obferved,  that  a  bond  was  given  to  fupport  any  damages  that  might 
arife  from  my  taking  pofTeirion  of  the  fchooner — I  added,  that  I  was 
then  in  poffeflion  of  the  fchooner,  and  that,  at  a  proper  time,  I  (hould 
remove  faid  veflcl  to  the  wharf— The  prize-mafter  obfented,  that  Mr* 
Jutau  was  then  doing  bufinefs  on  board  the  frigate  La  Concorde,  and 
that  he  Hiould  fend  for  him—rto  which  I  confented — foon  after,  Mr. 
Jutau  came  on  board  the  fchooner — I  then  informed  him.  of  the  procefs 
that  I  had  againft  the  faid  fchooner— -read  to  him  the\\Tit— and  obferved, 
that  I  fhould  remove  the  vefTel  as  above  ftated — Mr.  Jutau  faid,  that  I 
had  no  right  or  authority  to  ferve  any  writ  after  dark — That  the  vef- 
fel  belonged  to  the  Republic  of  France,  and  could  not  be  attached — 
and  that  (he  was  under  the  prote6lion  of  the  French  Republic — and  he 
made  many  other  obfervatiojis  to  the  fame  efFeA — I  replied,  that  as  an 
officer  of  the  government  of  the  United  States,  I  (hould  purfue  ftri«ftly 
the  line  of  my  duty — Mr.  Jutau  left  the  fchooner,  and  told  the  prize- 
mafter  to  remain  on  board ;.  after  he  was  in  the  boat,  to  return  to  the 
frigate,  I  requefted  him  to  inform  Mr.  Launnofne,  that  after  the 
fchooner  was  hauled  to  the  wharf,  I  (hould  require  him  to  go  on  (hore 
—Mr.  Jutau  replied,  that  I  might  inform  the  prize-mafter  myfelf,  and 
tliat  I  mult  force  him  from  the  vefTel — In  about  half  an  hour  after  Mr. 
Jutau's  departure  on  board  the  frigate,  an  officer  came  from  thence  on 
hoard  the  fchooner,  he  was  a  lieutenant,  and  I  heard  him  inform  the 
i.rize-mafter,  that  T  fhould  not  remove  the  vefTel — In  about  an  hour 

P 


[    114  J 

after  tin's,  a  body  of  about  twelve  armed  men  (marines)  came  on  board 
the  fchooncr,  fronj  the  frigate— The  h'eutcnant  read  a  paper,  which  I 
fuppofe  were  orders — At  about  half  pad  eleven  o'clock,  I  addredcd 
the  lieutenant,  nnd  aftrr  obferving  to  him,  that  he  appeared  intercftcd 
in  the  bufinefs  in  which  I  was  engaged,  I  aflured  him,  that  my  writ 
was  againil  Mr.  Laumofne,  and  that  I  hud  nothing  to  fay  to  him  (the 
lieutenant)  relative  thereto,  and  I  added,  that  I  had  taken  poflfcflion  of 
the  fchooner  by  virtue  of  my  office,   as  deputy  marfhal,  and  that  I 
fhould  proceed  to  remove  her — He  replied,  that  he  fliould  obey  the 
orders  that  he  \\-\A  received  from  his  captain,   which  was,  to  remove 
the  faid  fchooncr  near  to  the  frigate — The  lieutenant  then  ordered,  the 
vefTcl  to  be  removed,  and  we   were  hauled   between  the  frigate  and 
j)riA'ateer  Rowland.     I  told  the  limtcncint,  that  what  he  did,  he  muil 
unfwer  for,  and  I  forbid  him,  at  his  peril,  to  remove  the  faid  fchooner. 
I  aiked  the  faid  lieutenant,  if  he  had  brought  the  aimed  force  to  pre- 
vent my  removing  the  fchooner ;  he  replied  in  the  affirmative.  Finding 
myfelf  oppofed  in  the  progrefs  of  ferving  my  precept,  by  an  armed 
force,  I  difmiffed  the  men  who  were  on  board  to  give  me  aid  In  con- 
*dud^ing  the  fchooner  to  the  wharf:  Sometime  aftcri  the  lieutenant 
retired  from  the  fchooner,  and  took  off  his  men.  excepting  a  corporal 
and  four,  whom,  he  obfened,  he  (hould  leave  on  noard,  to  take  care  of 
faid  fchooner.  At  about  twelve  o'clock,  A.  M.  Mr.  Conful  Duplaine, 
Mr.  Jutau  the  chancellor,  and  Mr.  Vancrcde,  in  going  on  (hore  from 
the  frigate,  came  on  board  the  fchooner. — We  converfed  on  the  fub- 
je€l— I  went  over  the  buiinefs  again,  and  told  Mr.  Duplaine,  that  I 
Was  oppofed  by  an  armed  force  ;  but  that  I  (hould  not  quit  the  veflel. 
The  Conful  faid,  that  he  fhould  keep  poffeflion  ;  but  added,  that  if  I 
went  on  fhore,  I  might  return  on  board  in  the  morning,  and  that  the 
veffel  would  remain  in  the  fame  iltuation.     From  the  converfation  be- 
tween Mr.  Duplaine,  Mr.  Jutau,  the  lieutenant  of  the  frigate,  the. 
prize-mafler,  and  myfelf,  I  had   no  doubt,  but  that  the  captain  of  the 
frigate  aded  under  the  orders  of  Mr.  Duplaine.     A  guard  was  regu- 
larly maintained  on  board  the  fchooner,  from  Wednefday  night  till 
about  twelve  o'clock,  P.  M.  on  Saturday  the  24th,  when  a  boat  from 
the  frigate,  took  from  the  fchooner  the  guard — The  corporal,  previ- 
ous to  his  quitting,  hailed  the  fhore,  or  the  privateer  Rowland,  and  a 
Frenchman  came  on  board  the  fchooner,  after  which  the  guard  retired ; 
foon  after,  the  frigate  being  then  under  way,  and  having  procured  af- 
fiftance  from  the  town,  I  direded  the  people  to  weigh  the  anchors  of 
the  fchooner,  and  conduct  me  to  the  wharf,  where  I  arrived  at  one 
o'clock — having  legally  executed  my  precept. 

I  foon  after  faw  the  conful,  who  faid,  **  Then,  Sir,  you  have  quitted 
the  vefTel— You  have  then  left  her,  I  fuppofe.'*  To  which  I  replied, 
that  I  had  left  her  at  the  wharf,  had  executed  my  precept,  and  that  I 
fhould  take  proper  care  of  the  faid  fchooner— *The  conful  appeared 
furprifed.  SAML.     BRADFORD. 

hosTOSi  September  10/^,  1793. 
Sworn  to,  Septemberioth,  1793,  l^cfore 

J.    LOWELL,  yud!ge  of  tha 
Diftria  of  Maffachufctts, 


[115] 

CEORGE  WASHINGTON,  PRESIDENT  of  thi  UNITED 
STATES  OF  AMERICA, 

TO  ALL  WHOM   IT   MAY  CONCERN,  '^ 

THE  Sieur  Antoinc  Charbonct  Diiplainc,  licretoforc  having  jinv 
duced  to  me  his  commifliun  as  vice  conful  for  the  Republic  of 
France,  within  the  dates  of  New-Hampfliire,  MafTachiifettB  and  Rhode- 
IHand,  and  having  thereon  received  from  me  an  exequatur,  bearing 
date  the  fifth  day  of  June,  1793,  recognizing  him  ^^  fuch,  and  declar- 
ing him  free  to  exercife  and  enjoy  fuch  functions,  powers  and  privi^ 
leges,  as  are  allowed  to  vice  confuls  of  the  French  Republic,  by  th? 
laws,  treaties,  and  conventions  in  that  cafe  made  and  provided,  and  the 
faid  /leur  Duplaine,  having  under  colour  of  his  fatd  office,  committed 
fundry  encroachments,  and  infraflions  on  the  laws  of  the  land,  and  par- 
ticularly,  having  caufed  a  veflfcl  to  he  refcued,  with  an  armed  force,  out 
of  thccuftody  of  an  officer  of  jullice,  who  had  arreded  the  fame  by 
procefs  from  his  court ;  and  it  being  therefore  no  lunger  fit,  nor  con- 
fiflent  with  the  refpe£t  and  obedience  due  to  the  laws,  that  the  faid 
fieur  Duplaine  ihould  be  permitted  to  continue  in  the  exercife  and 
enjoyment  of  the  faid  fundlions,  privileges  and  powers :  Thefe  are 
therefore  to  declare,  that  I  do  no  longer  recognize  the  faid  Antoine 
Charbonet  Duplaine,  as  vice  conful  of  the  Republic  of  France,  in  any 
part  of  thefe  United  States,  nor  permit  him  to  exercife  or  enjoy  any  of 
the  fundions,  powers  or  privileges,  allowed  to  the  vice  confuls  of  that 
nation ;  and  that  I  do  jiereby  wholly  revoke  and  annul  the  faid  exe- 
quatur heretofore  given,  and  do  declare  the  fame  to  be  abfolutely  null 
and  void,  from  this  day  forward. 
'  tn  teftimony  whereof,  I  have  caufed  thefe  letters  to  be  made  pa- 
tent, and  the  feal  of  the  United  St^es  of  America  to  be  here- 
unto affixed. 

Given  under  my  hand,  this  day  of 

in  the  year  of  our  Lord,  1 793,  and  of  the  Independence 

of  the  United  States  of  America,  the  eighteenth. 

Geo:    WASHINGTON. 
By  the  Prefidentt 

Th:   JEFFERSON. 


MoNTiCELLo,  in  Virgimat  OAober  3,  1793. 
Sfjr.   Jefferfotiy  Secretary  of  StaUf  to  the  Minjfter  Plenipotentiary   of 

France, 
Sir, 

IN  a  former  letter  which  I  had  the  honour  of  writing  you,  I  men- 
tioned, that  information  had  been  received,  that  Mr.  Duplaine, 
vice-conful  of  France,  at  Bofton,  had  been  charged  with  an  oppofi- 
tion  to  the  laws  of  the  land,  of  fuch  a  charader,  as,  if  true,  would 
render  it  the  duty  of  the  Prcfident  immediately  to  revoke  the  exequa- 
tur, whereby  he  was  permitted  to  exercife  the  funfkions  of  vice-confu} 
in  thefe  United  States.  The  fa6t  has  been  fince  enquired  into,  and  I 
now  enclofe  you  copies  of  the^qridence  eftabUlhing  it,  whereby  you 


[  ii6  J      . 

will  perceive,  how  inconfiftent  with  peace  and  order  it  would  be,  to 
permit  any  longer  tlic  cxcrcifc  of  nniitions  in  thcfe  United  States 
by  a  pcrfon  capable  of  miflaking  their  legitimate  extent,  fo  far,  a*  to 
oppole  by  force  of  arms,  the  courfe  of  the  laws  within  the  body  of  the 
country.  The  wifdom  and  juftice  of  the  government  of  FraQce,  and 
their  lenfc  of  the  neccflity,  in  every  government,  of  prcferving  the 
courfe  of  the  laws  free  and  unobilru^ted,  render  us  confident,  that 
they  will  approve  this  neceflary  arredation  of  the  proceedings  of  one 
of  their  agents  ;  as  we  would  certainly  do  in  the  like  cafe,  were  any 
conful  or  vice-conful  of  ours  to  oppofe,  with  an  armed  force,  the  courfe 
of  their  laws  within  their  own  limits  Still,  however  indifpenfable 
as  this  Z&.  has  been,  it  is  with  the  mod  lively  concern  the  Prcfident  has 
feen,  that  the  evil  could  hot  be  arrelled  other^vil'e  than  by  an  appeal  to 
the  authority  of  the  country. 

I  have  the  honor  to  be,  &c. 

Th:   JEFFERSON. 

OCTOBFR,  3d,  1793. 

Mr.  Jffftrfon^  Secretary  of  Statey  to  Mr.  Morris^   Min'ijler  Plenipo- 
teht'tary  of  the  United  States  to  France. 
Dear  Sir, 

MR.  Duplaine,  vice-conful  of  France  at  Bofton,  having,  by  an 
armed  force,  oppofed  the  courfe  of  the  laws  of  this  country, 
within  the  fame,  by  refcuing  out  of  the  hands  of  an  officer  of  jullicc, 
a  veflel,  which  he  had  arrefted  by  authority  of  a  precept  from  his  court, 
the  Prefidcnt  hsA  thought  it  neceffary  to  revoke  the  exequatur,  by 
which  he  had  permitted  him  to  exercife  his  functions  here.  I  enclo{e 
you  copies  of  the  a£l  and  of  the  evidence  on  which  it  has  been  founded ; 
as  alfo  of  the  letters  written  to  him  and  Mr.  Genet,  and  you  are 
defired  to  communicate  the  fame  to  the  government  of  France,  and  to 
cxprefs  to  them  the  very  great  concern,  with  which  the  Prefident  has 
feen  himfelf  obliged  to  take  a  mcafure  with  one  of  their  agents,  fo 
little  in  unifon  with  the  fentiments  of  friendHiip  we  bear  to  their  na- 
tion, and  to  the  refpeft  we  entertain  for  their  authority.  But  con- 
fcIouB  we  fhould  deem  it  an  acl  of  friendfhip  in  them,  to  do  the  like 
in  the  like  cafe,  and  to  prove  their  confidence  in  our  juftice  and  friend- 
Hiip,  by  inllantaneoufly  difabling  from  a  repetition  of  the  a£t,  any 
conful  or  vice-eonful  of  ours,  who  fhould  once  have  been  guilty  of  fuch 
an  aggrefllon  on  their  authority,  we  rely  on  the  fam&£riendly  conilruc- 
tion,  on  their  part,  of  tiie  difagreeable  meafure  now  forced  on  us. 
^  I  have  the  honor  to  be,  &c. 

Th:  JEFFERSON. 

Germantown,  November  5,  1793. 
Mr.  jfejferfony  Secretary  of  Statey  to  the  Mlnifter  Plenipotentiary  of  France. 
Sir, 

I   HAVE  the  honor  to  enclofe  you  the  copy  of  a  letter  from  Mr. 
Moiffonier,  conful  of  France,  at  "Baltimore,  to  the  governor  of 
Maryland,  announcing  that  Great  Britain  is  about  to  commence  hof- 


[  "7  1 

tllitio  againft  us,  and  that  he  puqiofen  to  collcf^  t1  c  nnval  force  of 
yotir  rcpulih'c  in  the  ChtTapcak,  and  to  poil  them  lu  a  vaii<guard  to 
derange  the  fuppofed  dflignH  of  the  enemy. 

The  bare  fuggeilion  uf  fuch  a  fad,  however  Improbcihlet  renders  it 
a  duty  to  enquire  into  it,  and  I  Ihall  conlider  it  as  a  proof  of  your 
friendfhip  to  our  nation,  if  you  have  it  in  vour  jxtwiv,  and  wiU  be 
pleafcd  to  communicate  to  mc  the  grounds  ot  Mr.  M(ii(rt>nicr's  afler- 
tion,  or  any  other  rcfpett^bleevidcricL  '>f  fuch  an  intention,  on  the  part 
of  Great  Britain. 

In  the  mean  while,  .^t  we  have  rcafon  to  believe  it  unfounded,  as  they 
have  In  no  inilance,  as  yet  violated  the  fovertignty  of  our  country,  by 
any  commitment  of  hoftilitics,  even  on  their  enemies  within  our  ju- 
rifdi6lion,  we  prefume  with  confidence  that  Mr.  MoiiTonier's  fears  arc 
groundlefs.  I  have  it,  therefore,  in  charge  to  defire  you  to  admonifli 
Mr.  Moiffonier  againll  the  parade  he  propofes,  of  ftationinff  an  ad- 
vanced guard  in  the  bay  of  Chefapeak,  and  againil  any  hoftilc  array, 
which,  under  the  profeflion  of  defenfive  operations,  may  in  fad^  gene- 
rate thofe  offcnfive.  I  flatter  myfelf,  fir,  that  you  will  be  fo  good  us 
to  join  the  etfeft  of  your  authority  to  that  of  our  government,  to  pre- 
vent mcafures  on  the  part  of  this  agent  of  your  republic,  which  may 
hring  on  difagreeable  confequences. 

*  I  have  the  honour  to  be,  &c. 

Th:  JEFFERSON. 


Baltimore,  October  23d. 
2d  year  of  the  French  Republic. 


Citizen  Moijfonier  to  General  Lee^  Governor  of  thejlate  of  Maryland, 

THE  liberticide  fyftcm  which  direds  the  European  cabinets,  it 
going  to  manifeil  itfelf  towards  the  United  States.  England, 
that  power  to  which  they  have  been  fo  complaifant,  is  getting  ready 
to  fall  upon  them.  The  preparatives  are  made,  and  I  fee,  with  pain, 
that  no  difpofitions  whatever  are  made  to  oppofeany  refiftance  to  them. 
The  indifference  of  this  ftate  cannot  exift  as  to  our  interefts.— 
This  bay  contains  the  riches  of  our  commerce  of  St.  Domingo,  and  the 
only  hope  of  the  French  nation.  We  (hall  become  infalliby  the  firft 
vidtims  of  this  careleflhefs,  if  I  am  not  able  to  obtain  from  you.  Sir, 
that  the  forts  which  defend  the  entrance  of  the  Chefapeak  be  put  into 
condition. 

In  the  meanwhile,  and  in  purfuance  of  the  orders  of  the  minifler,  I 
am  going  to  collect  all  the  maritime  forces  which  the  republic  has  in 
this  bay,  to  form  a  van-guard,  fufficiently  formidable,  and  to  derange, 
if  it  be  poflible,  the  proje^s  of  our  common  enemies. 

^  I  have  the  honor  to  be,  with  themoft  perfedi  confideration. 
Sir,  your  very  humble  fervant, 

F.  MOISSONIEH. 


[  ii8  ] 

TRANSLATION. 

New- York,  November  15,  1793. 
2d  year  of  the  Republic  of  France. 
The  Min'tjler  of  the   French  Republic^  with  the  United  Siatett  to  Mr. 
Jejerfon  Secretary  of  State  of  the  United  States. 
Sir, 

I  HAVE  received  the  letter  which  you  have  done  me  the  honour 
to  write  to  me  the  .t;th  November. 

The  citizen  Moiflbnniere  has  given  to  my  inftruflions  a  fenfe  more 
determinate '  than  I  had  intended.  I  did  not  write  him  that  England 
was  immediately  going  to  fall  on  you  j  but  knowing  by  your  hiftory, 
by  our  own,  and  by  ftill  more  particular  information,  all  the  hatred 
with  which  that  government  lionourA  your  and  our  principles ;  know- 
ing the  fect'et  treaties  which  unite  the  courts  leagued  again  11  free 
people,  confident  that  our  fucccfs  can  alone  fupprefs  the  proje^s  of 
vengeance  which  are  perpetually  nourifhed  in  the  breaft  of  your  ancient 
tyrant,  feeing  that  fome  rcverfes  afterwards  ef&ced,  might  excite  him 
to  accelerate  the  execution  of  his  defigns,  I  prefcribed  to  this  Vice- 
Conful, 

I  ft.  To  concert  with  the  commander  of  our  naval  forces  in  the  Che- 
fapeak,  to  have  colledted  at  Baltimore  all  the  commercial  vefTels  which 
may  be  in  the  open  and  unfafe  road  of  Norfolk. 

2d.  To  have  the  armed  veifels  anchored,  according  to  cuilora,  in  the 
advanced  guard  of  the  convoy. 

3d.  To  ellablifh  a  fevere  police  in  the  road  for  the  purpofe  of  pre- 
venting diforder,  and  protefting  our  property  from  incendiary  enter- 
prizes,  fufficiently  familiar  to  our  common  enemy. 

4th.  To  found  the  local  government  of  Maryland,  to  know  whether 
the  fnrts  which  form  a  part  of  the  defence  of  Baltimore,  could  not  be 
repaired. 

Citizen  MoifTonier,  animated  by  a  very  pure  patriotifm,  has  doubt- 
lefs  mixed  a  little  warmth  in  this  latter  ftep ;  bdt  I  do  not  fee.  Sir, 
that  he  has  merited  the  admonition  you  mention,  and  that  the  mea- 
fures  taken  for  the  fecurity  of  the  road,  can  compromit,in  any  man- 
ner, the  peace  of  the  Uniteji  States.  God  grant  that  you  may  long 
enjoy,  with  honor,  that  peace  fo  pleafant  and  happy.  It  is  the  very 
fincere  wifh  of  your  friends ;  it  is  mine  ;  but  I  (hdl  not  now  diffemble 
more  than  I  have  hitherto  done,  that  it  is  not  the  moil  certain  objeA 
of  my  hopes.  Before  having  the  happinefs  of  ferving  a  free  people, 
I  was  employed  by  a  court,  and  I  refided  at  feveral  others.  I  have 
bren  feven  years  a  head  of  the  bureau  at  Verfailles,  under  the  direftion 
of  Vergennes.  I  have  paffed  one  year  at  London,  two  at  Vienna,  one 
at  Berlin,  five  in  Ruffia,  and  I  am  two  well  initiated  in  the  myfteries 
of  thefe  cabinets,  not  to  tremble  at  the  fate  which  menaces  America ; 
if  the  caufe  of  liberty  fhould  not  triumph,  every  where,  for  every 
where,  where  there  is^  a  throne,  I  warrant  that  you  have  an 
enemy.  All  the  princes  look  upon  you  as  our  teachers ;  almoft  all 
conlider  you  as  rebels,  who  m\ift  fooner  or  later  be  chaftifed  ;  almoft 


•  • 


[  "9  J 


le  the  honour 


all  haveywor/f  your  ruin  as  well  as  ourst  and  be  afTiired  that  George 
III.  has  not  entered  into  their  league,  but  on  this  condition.  Your 
expedients,  your  managements  will  not  change  this  fyilem,  and  if  the 
minifters  who  refide  with  you,  hold  a  different  language,  it  is  only  the' 
better  to  deceive  you.  They  triumph  at  the  fecurity  into  which  they 
have  plunged  you,  at  tht  very  moment  when  their  courts  are  infulting 
you  in  every  quarter,  except  on  your  coafts,  where  they  know  we  have 
forces  ;  but  their  tone  will  change  whilfl  ours  lliall  remain  invariably  th^e 
fame,  tnie  and  fmcere. 

Accept  my  refpttfl, 

GENET. 


Germantown,  November  8,  1793. 
Mr.  jfeffir/on,  Stcretary  of  States  to  Mr,  Genet,  Mlnifter  of  France, 
S  I  R, 

I  HAVE  now  to  acknowledge  and  anfwer  your  letter  of  September 
13,  wherein  you  defire  that  we  may  define  the  extent  of  the  line  of 
territorial  protection  on  the  coafls  of  the  United  States,  obferving, 
that  governments  and  juris-confults  have  different  views  on  this  fubjeCI. 

It  is  certain  that,  heretofore,  they  have  been  much  divided  in  opi- 
nion as  to  the  diflance  from  their  fea-coalls  to  which  they  might  rea- 
fonably  claim  a  right  of  prohibiting  the  commitment  of  hoflilities. 
The  greatefl  diflance  to  which  any  refpedtable  afl'ent  among  nations 
hat  been,  at  any  time  given,  has  been  the  extent  of  the  human  fight, 
cftimated  at  upwards  of  20  miles,  and  the  fmalleft  d'lance,  I  believe, 
claimed  by  any  nation  whatever,  is  the  utmofl  range  of  a  cannon  ball, 
ufually  flated  at  one  fea-league.  Some  intermediate  diftances  have  alfo 
been  infifled  on,  and  that  of  three  fea-leagues,  has  fome  authority  in 
its  favor.  The  charadler  of  our  coafl,  remarkable  in  confiderable 
parts  of  it  for  admitting  no  velTels  of  fize  to  pafs  near  the  fhores, 
would  entitle  us,  in  reafon,  to  as  broad  a  margin  of  protected  naviga- 
tion as  any  nation  whatever.  Not  propofing,  however,  at  this  time, 
and  without  a  refpeClful  and  friendly  communication,  with  the  powers 
interefled  in  this  navigation,  to  fix  on  the  diflance  to  which  we  may 
ultimately  infifl  on  the  right  of  protedlion,  the  PrelVlent  gives  inflruc- 
tions  to  the  officers,  a^ing  under  hit  authority,  to  confider  thofe  here-< 
tofore  given  them  as  reflrained  for  the  prefent  to  the  diflance  of  one 
fea-league,  or,  three  geographical  miles  from  the  fea-fhores.  This  dif- 
tance  can  admit  of  no  o|)pofition,  as  it  is  recognized  by  treaties 
between  fome  of  the  powers  with  whom  we  are  connedled  in  com- 
merce and  navigation,  and  is  as  little  or  lefs  than  is  claimed  by  any  of 
them  on  their  own  coafls. 

Future  occafions  will  be  taken  to  enter  into  explanations  with  them, 
as  to  the  ulterior  extent  to  which  we  may  reafonably  carry  our  jurifdic- 
tlon.  For  that  of  the  rivers  and  bays  of  the  United  States,  the  laws  of 
the  feveral  flates  are  imderflood  to  have  made  provifion,  and  they  are, 
moreover,  as  being  land-locked  within  the  body  of  the  United  States. 

Examining,  by  this  rule,  the  c^fe  of  the  IJritilh  brig  Fanny,  taken 


[    120    1 

on  the  8tli  of  May  luft,  it  appears  from  the  evidence,  that  tlie  capture 
was  made  four  or  five  miles  from  the  land,  and  confequently  without 
the  line  provifionally  adopted  by  the  Prefident,  as  before  mentioned. 

I  have  the  honor  to  be.  Sec. 

Th:  JEFFERSON. 
Germantown,  November  lo,  1793. 
^*''  y^<"fo"i  Secretary  of  State t  to  the  Mintfter  Plcnlpotent'tary  from 
the  RepulUc  of  France j  to  the  Untied  States. 
Sir, 

AS  in  cafes  whcre*venel8  are  reclaimed  by  the  fubjcdls  or  citizens 
of  the  belligerent  powers,  as  having  been  taken  within  thejurif- 
didlion  of  the  United  States,  it  becomes  neceflary  to  afcertain  that  facl, 
by  teftimony  taken  according  to  the  laws  of  the  United  States,  tlie 
Governors  of  the  feveral  ftates,  to  whom  the  applications  will  be  made 
in  the  firft.  in  (lance,  are  defired  immediately  to  notify  thereof,  the 
■attorneys  of  their  refpe£iive  dittn£ts.  The  attorney  is  thereupon  in- 
ftrudled  to  give  notice  to  the  principal  agent  of  both  parties,  who  may 
have  come  in  with  the  prize,  and  alfo  to  the  confuls  of  the  nations  in- 
terefted,  and  to  recommend  to  them,  to  appoint,  by  mutual  confent, 
arbiters  to  decide  whether  the  capture  was  made  within  the  juril". 
di£lion  of  the  United  States,  as  ftated  to  you  in  my  letter  of  the  8th 
inftant,  according  to  whofe  award  the  governor  may  proceed  to  deli- 
ver the  veffel  to  the  one  or  the  other  party.  But  in  cafe  the  parties, 
or  ccuiful  ihall  not  agree  to  name  arbiters,  then  the  attoraey,  or  fome 
pcribn  fubftituted  by  him,  is  to  notify  them  of  the  time  and  place, 
when  and  where  he  will  be,  in  order  to  take  the  depofitions  of  fuch 
witneir<is  at  they  may  cauf^  to  come  before  him,  which  depofitions  he 
is  to  tranfmit  for  the  .information  and  declfion  of  the  Prefident. 

It  has  been  thought  bell  to  put  this  bufinefs  into  fuch  a  train,  as 
that  the  examination  of  the  fact  may  take  place  i:nmedlatcly  and  before 
the  witneAes  rnay  have  again  departed  from  the  United  States,  which 
would  too  frequently  happen,  and  efpeclally  in  the  dillant  ftates ;  if  it 
fhould  be  deferred  till  information  is  fent  to  the  executive,  and  a  fpe- 
cial  order  awaited  to  tak«  the  depofitions. 

I  take  the  liberty  of  requefting  that  you  will  be  pleafed  to  give  fuch 
inftrudlions  to  the  confuls  of  your  nation,  as  may  facilitate  the  objeft 
of  this  regulation.  I  urge  it  with  the  more  earncftnefs,  becaufe,  as 
the  attorneys  of  the  diftri£ls  are  for  the  moil  part  engaged  in  much 
bufinefs  of  their  own,  they  will  rarely  be  able  to  attend  more  than 
one  appointment,  and  confequently  the  party  wlio  (hould  fail,  from 
negligence  or  other  motives  to  produce  his  witncfles  at  the  time  and 
place  appointed,  might  lofe  the  benefit  of  their  teftimony  altogether. 
Thig  prompt  procedure  is  the  more  to  be  infilled  on,  as  it  will  enable 
the  Prefident,  by  an  immediate  delivery  of  the  veHel  and  cargo  to  the 
party  having  title,  to  prevent  the  injuries  confequent  on  long  delay. 

1  have  the  honor  to  be,  &c. 

Tii :  JEFFERSON. 


FERSON. 


[121    ] 

TRANSLATION. 

New-York,  November  14th,  1793. 
2d  year  of  the  French  Republic. 
The  Citizen  Genet  y  Minifter  Plenipotentiary  from  the  Republic  of  France  f 
to  the  United  States,  to  Mr.  ^eferfon,  Secretary  of  State  of  the  United 
States, 
Sir, 

I  HAVE  received  the  Exequatur  of  citizen  Dannery's  commifllon 
as  Conful,  and  immediately  tranfmitted  it  to  that  public  officer. 
I  (hall  prefent  to  the  Executive  Council  of  the  republic,  Sir,  the 
judicious  refleiElions  which  you  have  made  on  the  attribution  of  the 
confular  funiSlions,  vtrhich  are,  in  fa6l,  reduced  by  the  commiflions  of 
our  confuls,  to  the  limits  of  the  cities  of  their  refidence ;  which,  <:er- 
tainly,  is  not  the  intention  of  the  council.  I  fhall  alfo  lay  before 
them  the  obfervation  you  have  made  relatively  to  the  addrefs  of  our 
confular  commiflions,  and  they,  in  their  wifdom,  will  adopt  the  al- 
terations of  which  this  matter  appears  fufceptible,  agreeably  to  the 
text,  fpirit,  and  bails  of  your  conflitution.  However,  as  it  is  not 
explicit  in  this  refpeft,  and  as  the  fun£lions  attributed  to  the  Prefi- 
dent  of  the  United  States,  relatively  to  the  reception  of  foreign  mini- 
fters,  appear  to  be  only  thofe  which  are  fulfilled  in  courts  by  the  firft 
minifters,  for  their  pretended  fovereigns,  to  verify  purely  and  fimply 
the  i)owcr8  of  foreign  agents  accredited  to  their  mailers,  and  irrevocable 
by  them  when  once  they  have  been  admitted.  I  ihould  be  glad.  Sir, 
in  order  the  better  to  fix  the  ideas  of  the  French  council  on  this  in- 
terelting  queilion,  that  you  would  have  the  goodnefs  to  enlighten  it 
with  your  knowledge  and  that  of  your  learned  colleagues,  which  I 
(hall  faithfully  tranfmit  to  my  fuperiors. 

Accept  my  refpeA, 

GENET. 


Mr,  Jejferfon^  Secretary  of  State ^  to  Citizen  Genet y  Miniver  Plenipoten- 
tiary from  the  Republic  of  France j  to  the  United  States. 

Germantown,  November  22,  1793. 
Sir, 

IN  my  letter  of  OAober  2,1  took  the  liberty  of  noticing  to  you, 
that  the  commifllon  of  conful  to  M.  Dannery^  ought  to  have  been 
addreiTed  to  the  Prefident  of  the  United  States,  he  being  the  only 
chaimel  of  commimication  between  this  country  and  foreign  nations, 
it  is  from  him  alone  that  foreign  nations  or  their  agents  are  to  learn 
what  is  or  has  been  the  will  of  the  nation,  and  whatever  he  communi- 
cates as  fuch,  they  have  a  right,  and  are  bound  to  coniider  as  the  ex- 
preilion  of  the  nation,  and  no  foreign  agent  can  be  allowed  to  queilion 
it,  to  interpofe  between  him  and  any  other  branch  of  government, 
under  the  pietcxt  of  cither's  tranfgrefling  their  functions,  nor  to  make 
liimfclf  the  umpire  and  final  judge  between  them.  I  asn,  therefore. 
Sir,  not  anthorifed  to  enter  into  any  difcuflions  with  you  on  the 


[    122    ] 

meaning  of  our  conftitutlon  in  any  part  of  it,  or  to  prove  to  you,  that 
it  has  afcribed  to  him  alone  the  admifllon  or  interdidlion  of  foreign 
agents.  I  inform  you  of  the  fad  by  authority  from  the  Prefidtnt.  I 
had  chferved  to  you  that  we  were  pertuaded,  that  in  the  cafe  of  the 
conful  Dannery,  the  error  in  the  addrcfs  had  procetded  from  no  in- 
tention  in  the  Executive  council  of  France  to  qucllion  the  functions  of 
the  Prefident,  and  therefore  no  difficulty  was  made  in  ifluing  the  com- 
miffion.  We  are  ftill  under  the  fame  perfuufion.  But  in  your  letter 
of  the  14th  inft.  yow pcrfonally  queilion  the  authority  of  the  Prefident, 
and  in  confequencc  of  that  have  not  addreffed  to  him  the  commiiTions 
of  Meffrs.  Pennevert  and  Chervi,  making  a  point  of  this  formality  on 
your  part,  it  becomes  ncccffary  to  niak**  a  point  of  it  it  on  ours  alfo, 
and  I  am  therefore  charged  to  return  you  thofe  commifllons,  and  to 
inform  you  that,  bound  to  enforce  refpeft  to  the  order  of  things  efta- 
blifhed  by  our  conftitution,  tlic  prchdcnt  will  ifTue  no  exequatur  to 
any  conful  or  vice-conful,  not  directed  to  him  in  the  ufual  fonn,  after 
the  party,  from  whom  it  comes,  has  been  apprifed  that  fuch  fnould  be 
the  addrefs. 

I  have  the  honor  to  be,  S;c. 

Th:  JEFFERSON. 


TRANSLATION.      " 
"'■  New-York,   14th  September,  1^93. 

2d  year  of  the  French  Republic. 
J'he  Citizen  Genet ^  M'wjjfer  Pit nipoietil'iary  from  the  Republic  of  France, 
to  the  United  States  f  to  Mr.  If^jferfont  Secretary  of  State  of  the  United 
States. 
Sir, 

THE  multiplied  bufmefs,  with  which  I  have  been  loaded  fince  my 
ftay  here,  has  not  hitherto  permitted  me  to  acknowledge  the 
receipt  of  your  letter  to  me  of  the  5th  of  Auguft  ;  it  came  duly  to 
hand,  and,  as  the  decifions  it  contains  are  only  the  confequence  of 
thofe  on  which  I  have  ahready  made  the  (Irongeft  and  the  belt  founded 
reprefentations,  I  have  thought  that  I  ftiould  leave  the  care  of  exe- 
cuting them  to  the  federal  government,  becaufe  it  is  not  my  bufmefs, 
in  any  manner,  to  give  the  confuls  of  the  Republic  orders  contrary  to 
the  fenfc  of  our  treaties,  to  prefcribe  to  them  not  to  conform,  relative 
to  the  armaments  and  prizes  made  by  our  veffels,  to  the  inftru(^ons 
given  them  by  authority  fuperior  to  mine',  and  to  enjoin  on  them  to 
fufpend  the  effeft  of  the  commifllons  that  our  privateers  hold  from 
the  executive  council,  aiMl  not  from  their  delegate.  With  refpcdl  to  the 
indemnity  promifed  by  the  Prefident  of  the  United  States  to  the  F.ng- 
lifh  minilter,  in  virtue  of  the  principles  he  has  eftablifhed,  it  is  not 
more  in  my  power  to  conlent  to  it,  as,  in  my  opinion,  it  is  not  in  his 
to  promife  it.  For  in  order  to  operate  this  new  appropriation  of  the 
funds  of  the  republic,  the  confcnt  of  the  legiflative  bodies  of  both  par- 
ties is  indifpenf  ible.  " 
However,  Sir,  though  I  have  not  the  right  to  withdraw,  authcri 


[  >y  ] 

tatlvely,  the  commlfiions  of  wliich  our  privateers  apc  pofTefTed,  although 
I  am  equally  unable  to  conftrain  them  to  fubmit  to  decitions  which 
our  treaties  of  alliance  and  commerce  do  not  faiiction,  and  which  the 
decifions  given  by  feveral  tribunals  of  the  United  States,  which  even 
the  negociations  with  you,  feem  to  contradict,  yet  you  may  be  aflured, 
that,  after  having  fupported,  as  long  as  I  have  been  able,  the  rights 
and  the  interells  of  the  French  people,  I  fiiall  negleA  nothing  to  en- 
gage by  perfuafion  our  privateers  to  fufpend  their  cruifes  and  change 
their  dellination.  The  objeft  for  which  we  have  encouraged  the  arm- 
ing of  all  thofe  little  vefiels,  was  to  deltroy  the  commerce  of  our  ene- 
mies, and  to  block  up  their  feamcn  in  your  ports,  for  the  purpofe  of 
accelerating  the  return  of  peace  by  a  diminution  of  their  llrength. 
This  plan  was  good,  and  notwithftanding  the  obftacles  oppofed  to  it, 
it  has  fo  far  fuccecded,  as  to  bring  into  our  poffeflion  fifty  of  their 
veflels,  and  to  condemn  to  inadlivity  an  infinitely  greater  number. 
This  objedl  is  now  accompliihed ;  fuperior  forces  will  accomplifh  the 
re  It,  and  if  I  have  had  the  misfortune,  by  my  obedience  to  my  inftruc- 
tions,  by  my  obHinacy  in  acknowledging  only  the  laws  and  treaties  of 
the  United  States,  to  difpleafe  fomc  Anglophobias  or  Anglomeriy  I  have 
at  lead  the  fatisfaciion  of  having  rendei*ed  an  important  fervice  to  my 
country,  whofe  prefent  policy  is  entirely 'devoted  to  the  war. 

I  am  very  fenfible.  Sir,  of  the  meafnres  which  you  have  taken  to 
iruftrate  the  odious  projedl  of  fomc  emigrants  refugees  of  St.  Do- 
mingo, and  it  were  to  be  wifhed  that  we  could  expel  this  race  entirely, 
as  well  as  thofe  of  the  emigrants  and  ariilocrats  of  Europe,  much  more 
iangerous  to  the  peace,  liberty  and  independence  of  the  United  States, 
than  all  the  privateers  in  the  world.  GENET. 


Germantown,  November  22d,  1793. 
Mr,   Jefferfon^  Secretary  of  StatCy  to  the  M'mlfler  Plenipotentiary  of 

France, 

S  I  R, 

IN  a  letter  which  I  had  the  honor  of  writing  to  you  on  the  1 2th 
of  July,  I  informed  you,  that  the  Prefident  expedted  that  the  Jane 
of  Dublin,  the  Lovely  Lafs,  and  Prince  William  Henry,  BritiHi  vef- 
fels,  taken  by  the  armed  veflel  Citoyen  Genet,  fhould  not  depart  from 
our  ports  until  his  ultimate  determination  thereon  (hould  be  made 
known.  And  in  a  letter  of  the  7th  Auguft,  I  gave  you  the  further 
information,  that  the  Prefident  confideredthe  United  States  as  bound, 
purfuant  to  pofitive  aflurances,  given  in  conformity  to  the  laws  of 
neutrality,  to  efFedluate  the  reltoi-ation  of,  or  to  make  compenfation 
for  prizes,  made  fubfequent  to  the  5th  day  of  June,  by  privateers  fitted 
out  of  our  ports  ;  that,  confequently,  he  expefted  you  to  caufe  refti- 
lution  to  be  made  of  all  prizes  taken  and  brought  into  our  ports,  fub- 
fequent to  the  faid  5th  of  June,  by  fuch  privateers,  in  defeft  of  which 
lie  tonfidered  it  as  incumbent  on  the  United  States  to  indemnify  the 
owners  of  fuch  prizes  ;  the  indemnification  to  be  reimburfed  by  the 
French  nation. 


t   154  ] 

This  detsrminttion  involved  the  brig  Jane  of  Dublin,  taken  by  the 
armed  veffel  Citoyen  Genet,  on  the  24th  of  July,  the  brig  Lovely  Lafs, 
taken  by  the  fame  veffel,  on  the  4tU  of  July,  and  the  brig  Prince 
William  Henry,  taken  by  the  fame  veffel  on  the  28th  of  June,  and  I 
have  it  in  charge  to  enquire  of  you,  Sir,  whether  thefe  three  brigs  have 
been  given  up,  according  to  the  determination  of  the  Prefident,  and  if 
they  have  not,  to  repeat  the  requifition,  that  they  be  given  up  to  their 
former  owners. 

I  have  the  honor  to  be,  &c. 

Th:   JEFFERSON. 


TRANSLATION. 

New-York,  29th  November,  1793. 
2d  year  of  the  Republic. 
The  Citizen  Genets   Min'ijler  Plenipotentiary  of  the  French  Republic,  h 
Mr,  "Jejferfon^  Secretary  of  State  of  the  United  States. 
Sir, 

IT  is  not  in  my  power  to  order  the  Fretich  veffels,  which  have  re- 
ceived  Utters  of  marque  in  the  ports  of  the  United  States,  iri 
virtue  of  our  treaties,  in  virtue  of  the  moft  precife  inftniftions  to  me, 
to  rcftore  the  prizes  which  they  have  been  authorifed  to  make  on  our 
enemies,  but  I  have  long  fince  prcfcribed  to  all  our  confuls,  neither  to 
oppofe  nor  allow  to  be  oppofed,  any  refiftance  to  the  moral  force  of  the 
juilice  of  the  United  States,  if  it  thinks  it  may  interfere  in  affairs  re- 
lative to  the  prizes,  or  of  the  government,  if  it  periifts  in  the  fyftem 
againft  which  I  have  inceffantly  made  the  beft  founded  reprefen- 
tations. 

Neither  is  it  in  my  power.  Sir,  to  confent  that  the  indemnities, 
which  your  government  propofes  to  have  paid  to  the  proprietors  of  the 
faid  prizes,  (hould  be  placed  to  the  account  of  France,  ift.  Becaufe 
no  indemnity  is  due  but  when  fome  damage  has  been  occafioned  in  the 
ufe  of  aright  which  wap  not  poffeffed,  whereas  our  treaties  and  my  in- 
ftruftions  prove  to  me,  that  we  were  fully  authorifed  to  arm  in  your 
ports.  2d.  Becaufe,  according  to  our  conftitution  as  weU  as  yours, 
the  executive  has  not  the  arbitrary  appropriation  of  the  funds  of  the 
ftate ;  and  the  executive  council  of  France  and  their  delegates,  could 
not  confent  to  a  reimburfement  of  the  indemnities  in  queilion,  but 
when  the  legiflative  body  fliall  firll  have  renounced,  under  its  refpon- 
fibility  to  the  people,  the  right  which  I  have  been  exprefsly  inftruded 
to  maintain,  and  afterwards  have  granted  the  fums  demanded  by  our 
enemies,  and  which  have  been  promifed  them  by  the  Prefident. 

Accept  my  refpeft, 

GENET. 


[  1^5  ] 

TRANSLATION. 

New-York,  November  nth,  1793. 
2d  year  of  the  Republic. 
The  Citizen  Genet y  Minifter  Plenipoteniary  of  the  RepuhUc  of  France,  to 
Mr.  Jefftrfon,  Secretary  of  State  of  the  United  States. 
Sir, 

THE  funds  which  were  at  the  difpofition  of  the  French  RepubUc 
for  the  year  1 79?,,  being  exhaufted  by  the  colonial  bills  drawn  on 
them,  by  the  conJidcrable  expenfe  which  the  continuance  of  the  vefTels 
of  the  republic,  in  the  ports  of  the  United  States  occafions,  by  the 
fuccour  which  I  have  given  to  the  refugees  from  the  Cape,  the  fupplics 
of  all  kinds  which  I  have  fent  into  the  French  colonies  in  America ; 
in  fine,  the  divers  expences  of  the  legation,  and  of  the  admiuiflration 
confided  to  me,  I  requell  the  favour  of  you  to  make  known  to  the 
Prefidcnt  of  the  United  States,  that  I  am  forced  in  order  to  face  our 
engagements,  and  to  relieve  our  moil  prelling  neceffities,  to  draw  on 
the  lams  which  will  become  due  to  France,  in  the  years  1 794,  and 
95,  until  Congrefs  (hall  have  taken  into  confideration  the  mode  of  re- 
imburfement  which  I  have  been  inftrudled  to  propofe  to  the  Federal 
Government ;  our  contratSlors  will  be  content  with  thefe  aflignmcntSy 
provided  they  are  accepted  by  the  treafury  of  the  United  States,  to  be 
paid  when  they  become  due.        Accept  my  refpeft, 

GENET. 


TRANSLATION. 

Ntw-YoRK,  14th  November,  1793. 
2'\  year  of  the  French  Republic. 
The  Citizen  Genet,   Minifier  Plenipotentiary  of  the  French  Republic^  to 
Mr.  Jefferfon,  Secretary  of  State  of  the  United  States, 
Sir, 

IT  becomes  extremely  important  that  you  fhould  have  the  goodnels 
to  inform  me  without  delay,  whether  I  can  draw,  by  anticipation, 
on  the  approaching  reimburfements  of  the  debt  of  the  United  States 
to  France  ;  our  agents  being  informed,  that  the  funds  which  were  at 
the  difpofition  of  the  republic  for  1793,  are  exhaufted,  have  fufpended 
their  fupplies  and  their  enterprizes,  until  they  fliall  be  aflured  that  the 
aflignments  of  the  debt,  which  I  may  make  to  them  in  virtue  of  my 
powers,  (hall  be  paid  when  due.  As  without  doubt  you  will  form  to 
yourfelf  a  juft  idea  of  all  the  branches  of  the  fervice  which  will  fulTer,  as 
long  as  this  authority  (hall  be  withheld  from  me,  I  am  perfuaded,  Sir, 
that  you  will  zcaloufly  fecond  me  in  this  negociation.  Two  thoufand  fea- 
men  and  foldiers  whom  I  fupport  are  on  the  eve  of  wanting  bread.  The 
repairs  of  our  veflTels  are  at  a  ftand.  The  indifpenfable  expeditions  of 
fubfiftence  for  our  colonies  and  France  are  fufpended.  The  federal 
government,  without  advancing  a  fingle  one  of  the  payments  fixed  by 
law,  can  by  two  words  figned  by  you,  or  the  Secretary  of  the  Trea- 
fury, again  put  every  thing  into  motion,  imtil  Congp'efs  (hall  have 
taken  into  confideration,  the  general  mode  of  reimburfement  which  I 
have  been  inftrufted  to  communicate  to  you,  and  which  alone  can  put 


[   '^6  ] 


me  ill  a  conditioii  to  fupply,  at  leaft  France,  for  tlic  next  campaign, 
iincv.  it  could  not  do  fo  far  this  one.  The  long  nights,  the  thick 
fogs  and  the  heavy  fcas  of  winter  will  be  favouraUc  to  our  tranfports, 
fay  rendering  lefs  probable,  the  painful  rifks  to  which  the  odious  prin- 
ciples of  England  exp^fe  neutral  vefTels*  and  particubrly  thofe  of  the 
United  Stateti. 

Accept  my  refpeft, 

GENET. 


Germantown,  November  24th,  1793. 
Mr.  JffftrJ'ott^  Secretary  of  State ^   to  Mr.  Genet,  Min'ifter  PUnipotett' 
t'tary  of  the  French  Republic. 
Sir, 

I  LAID  before  the  Prefident  of  the  United  States,  your  two  let- 
ters of  the  I  ith  and  14th  inltant,  on  the  fubjedl  of  new  advances 
of  money,  and  they  were  immediately  referred  to  the  Secretary  of  the 
Treafury,  within  whofe  department  fubjedls  of  this  nature  lie.  I  have 
now  the  honor  of  enclofmg  you  a  copy  of  his  report  thereon  to  the 
Prefident,  in  anfwer  to  your  letters,  and  of  adding  aflurances  of  the 
refpc*^  and  efleem  of 

Sir, 
Your  moft  obedient  and 
moil  humble  fervant, 

Th:    JEFFERSON. 


The  Secretary  of  the  Treafury,  upon  twe  letters  from  the  Minifter  Ple- 
nipotentiary of  France,  to  the  Secretary  of  State,  fenvrally  bearing  date 
the  nth  and  i^h  of  November,  Injlant,   refptSfully  Reports  to  the 
Prefident  of  the  United  Stages,  as  foltonvs  : 
I  ft.nr'  H  E  objeA  of  thefe  letters  is  to  procure  an  engagement,  that 
JL     the  bills  which  the  Miniiler  may  draw  upon  the  fums,  which 
according  to  the  terms  refpedling  the  contrafts  of  the  French  debt, 
would  fall  due  in  the  years  1794  and  1795,  Hiall  be  accepted  on  the 
part  of  the  United  States,  payable  at  the  periods  llipulated  for  the 
payments  of  thofe  fums  refpeftively. 

The  following  confideratlons  are  fubmitted  as  militating  againft  the 
propofed  arrangement — 

L  According  to  the  view  entertained  at  the  Treafury,  of  the  fitua- 
tlon  of  the  account  between  Fraitce  and  the  United  States,  adjuiling 
equitably  the  queftion  of  depreciation,  there  have  already  been  anti- 
cipated payments  to  France  equal,  or  nearly  equal  to  the  fums  falling 
due  in  the  courfc  of  the  year  1 794. 

II.  The  provifion  by  law  for  difcharging  the  principal  of  the  French 
debt,  c(»ntemplate3  only  loans.  Of  thofe,  which  have  been  hitherto 
made,  the  fum  unexpended  is  not  more  than  commenfui-ate  with  a  pay- 
ment which  is  to  be  made  on  the  firfl  of  June  next,  upon  account  of 
the  capital  of  the  Dutch  debt.  It  is  pofTible  that  a  fund  for  tliis  pay- 
ment may  be  derived  from  another  loan  ;  but  it  is  known  to  the  Pre- 


means  o 


t    127    ] 

fident)  that  from  advicts  recently  received,  full  reliance  cannot  be 
placed  on  this  refource  ;  owing  to  the  influence  of  the  prefcnt  (late  of 
European  affairs,  upon  the  mcafures  of  the  United  States  for  bor- 
rowing. It  need  not  be  obferved,  that  a  failure  in  making  the  pay- 
ment referred  to,  would  be  ruinous  to  the  credit  of  the  United  States. 

The  acceptance  of  the  bills  of  the  Minifter  of  France  would  virta- 
rlly  pledge  the  only  fund,  of  which  there  is  at  prefcnt  a  certainty, 
lor  accomplifliing  that  payment,  and  as  this  is  a  matter  of  ftriit  obli- 
jration,  directly  affeAing  the  public  credit,  it  would  not  appear  ad- 
vifablc  to  engage  that  fund  for  a  different  object,  which,  if  the  ideas  of 
the  Treafury  are  right,  with  regard  to  the  Hate  of  our  account  with 
France,  does  not  (land  upon  a  fimilar  footing. 

It  would  be  manifeftly  unfafe  toprefume  upon  contingencies,  or  to 
enter  into  engagements  to  be  executed  at  diftant  periods,  when  the 
means  of  execution  are  uncertain. 

But  as  there  appears  to  be  a  difference  of  opinion  between  the  Mi- 
nifter of  France  and  the  Treafury,  with  regard  to  the  ftate  of  the 
account  between  the  two  countries,  it  is  neceffary  that  fomething  on 
this  head  (hould  be  afccrtained.  With  this  view,  the  Secretary  of 
the  Treafury  will  proceed  without  delay  to  take  arrangements  of  or 
the  adjuftment  of  the  account. 

ALEXANDER  HAMILTON, 
Secretary  of  the  Treafury. 
Treafury  Department^  "I 
November 2^,  *793' J 


New-York,  21  November,  1793. 
Mr.  Clinton,  Governor  nf  New-Tor ky  to  Mr  Genet ,  Minifter  Plenipo- 
tentiary of  France. 

SiRi 

AS  by  your  letter  of  the  nth  inftant,  I  am  imformed  that  the 
veffel  therein  mentioned,  nowrepairingatthe  wharf  in  theEaft 
river,  is  called  the  Carmagnole,  and  that  Ihe  was  fitted  out  as  a  prira- 
tecr,  in  the  Delaware,  I  conceive  it  proper  to  tranfmit  to  you  a  copy 
of  a  letter  which  I  have  fmc«  received  from  the  Secretary  of  War, 
dated  the  15th  inflant,  in  anfwer  to  one  from  me  to  the  Prefidcnt  of 
the  United  States,  informing  him  of  your  having  withdrawn  the  com- 
miflions  granted  to  certain  privateers,  fitted  out  in  the  ports  of  the 
United  States :  By  which  you  wifl  perceive  it  to  be  the  fcnfc  of  the 
Prefident,  that  this  vefTel  fhould  be  entirely  diverted  of  her  warlike 
equipments,  and  which,  from  the  readinefs  you  are  pleafed  to  exprefs 
to  conform  to  the  views  of  the  Federal  Government,  I  cannot  doubt, 
vnVi  on  the  receipt  hereof,  be  complied  with,  and  that  until  this  is 
effefted  you  will  not  permit  her  to  leave  the  harbour. 

I  am,  &c. 
Go:     CLINTON. 


[   Ii3  ] 

New-York,  23d  November,  1793. 
2d  year  of  the  French  Republic. 
Ciiinen  Genet,  M'mllerPlenlpotetUiaryftom  the  French  Republic  ^  to  General 
C/iiitoMf  Governor  of  the  Utate  fjf  Nciv-Tork* 
SlR,> 

In  A  V  E  received  the  letter  wliich  you   did  mc  the  honour  to 
write  mc  the  2 id  inftant,  as  alfu    the  copy  at  nexed  to  it,  of  a 
letter  from  the  Secretary  of  War. 

The  frcfh  requilitions  which  have  lately  been  tranfmitted  to  you  re- 
fpcidling  the  fchooner  Columbia f  formerly  called  the  Carmagnole,  arc 
only  a  continuation  of  the  fyilcm  which  has '  been  obferved  towards 
me,  from  the  very  commencement  of  my  miflion,  and  which  evidently 
appears  to  be  calculated  to  ba/Hc  my  zeul,  to  £11  me  with  difeull,  and 
to  provoke  my  country  to  meafuvt^s  didated  by  a  juil  relentment, 
which  would  accumplith  the  widies  of  thofe  whofe  politics  tend  only 
to  difunite  America  froir.  France,  the  more  eafily  to  deliver  the  former 
into  the  power  of  the  EnglKh. 

Warned  by  this  conjedture,  which  is  unfortunately  but  too  well 
founded,  inilead  of  proving  to  you  us  I  could  cafdy  do  that  the  orders 
v;hich  have  been  given  to  you,  are  contrary  to  our  treaties,  to  the 
condu<Sl  of  the  Federal  Government  even  towards  the  Britiih  nation, 
whofe  packets  and  a  gieat  number  of  merchant  vefTels,  I  am  well 
informed,  have  been  perraitted  to  arm  for  defence  in  their  ports,  to  the 
bonds  of  friendfhip  which  unite  the  people  of  both  Republics,  and  to 
their  mutual  interell,  lince  the  vefTel  in  queflion  is  intended  to  ferve  a» 
an  advice-boat  in  our  correfpondence  with  the  French  iflands,  which, 
by  our  treaties,  you  are  bound  to  guarantee,  and  in  whofe  fate  your 
property  is  no  lefs  intereiled  than  ours ;  I  will  give  orders  to  the  con- 
ful  and  to  the  French  commodore  of  the  road,  to  conform  themfelves 
to  eveiy  thing  that  your  wifdom  i  i^y  think  proper  to  diredl. 

Accept,  Sir,  my  fincere  and 

.   refpedlful  attachment, 

GENET. 


New-York,  24th  November,  1793. 
Tke  Governor  of  New-Tori,  to  the  Prefident  of  the  Uiuted  States, 
Sir, 

I  HAVE  recently  received  a  letter  from  the  Secretary  of  War, 
dated  the  12th,  and  alfo  another  dated  the   13th  inftant,  in  an- 
fwer  to  mine  of  the  8th  of  September 'laft. 

On  recurring  to  my  correfpondence  with  the  minifter  of  France,  a 
copy  of  which  was  ei\clofed  in  that  letter,  it  will  appear,  that  my  ob- 
jedwasto  procure  the  departure  of  the  privateers  Petit  Democrat  and 
Carmagnole,  agreeably  to  your  dccifion,  communicated  to  me  in  a  let- 
ter from  the  Secretary  of  War,  dated  the  i6th  of  Auguft  ;  but  as  it 
was  mentioned  to  be  your  defire,  that  forcible  meafures  fliould  not  be 
rcforted  to,  until  every  other  effort  had  been  tried.  I  thought  it  proper 
tp  jfubmit  to  your  confideration  the  meafure  propofed  by  the  Frencli 


[  '29  ] 

mintfter.  In  tlie  interim,  the  Petit  Democnit  dcj;  u  ted  from  '  »It  har- 
bour without  any  augmentation  of  her  military  n^  iipmentt^  k  far,  at 
my  k'.iowledge  extends.  The  Carmagnole  lUU  rcrtiaiiis  here,  and  it 
feems  is  the  veffel  to  which  my  letter  of  the  1 5th  inftant  refer*.  I 
now  tranfmit  a  fecond  letter  which  I  have  written  to  the  French  mi- 
nifter  on  this  fubje^t  and  his  anfwer,  and  have  only  to  requeft  to  be  in* 
formed  whether  any  farther  interference  on  my  part  is  expcfted. 

As  I  (hall  in  a  ihort  time  fet  out  fur  Albany,  to  attend  the  meeting 
of  our  kg^flature,  I  take  this  opportunity  of  apprizing  you  of  it,  in 
order,  that  if  any  arrangements  are  thought  neceflary,  which  may  le- 
quire  my  perfonal  attention,  they  may  be  concerted  before  my  de- 
partMre,as  it  is  uncertain  whether  I  ftiall  return  tothis  city  before  Iprine. 
I  am,  with  fentiments  of  the  higheil  refped. 
Your  moft  obedient  fervant. 

Go:  CLINTON. 


New-York,  25th  November,  1793. 
2d  year  of  the  Republic  of  Franqe. 
Citizen  Genet,   Mim/ler  Plenipotentiary  of  the  Repul/lie  of  France  witJj 
the  United  States,  to  A'r.  Jejferfon,  Secretary  of  State  of  the  United 
States, 

I  ASK  your  pardon,  if  my  difpatches  precipitate  themfelves  with 
fp  much  rapi4ity  on  you  ;  but  events  announce  themfelves  in  fuch 
a  manner,  daily,  that  I  am  fcarcely  able  to  trace  and  notify  them  to 
you.  My  preceding  difpatches  have  prefented  to  you  complaints  on 
the  workings  of  the  new  emigrants,  who  inundate  your  continent,  t 
have  aiTayed  to  unmafk  to  you,  the  profound  and  double  intrigues ;  I 
hftve  notified  you  of  their  .infults  to  the  French  agents,  and  the  per- 
fonal dangers  which  thefe  agents  are  daily  expofed  to,  furrounded  by 
thefe  furies.  At  prefent,  I  have  to  inform  you  of  fads,  well  charac- 
terifed  ;  and,  if  I  do  not  obtain  jufticc,  I  fhall,  at  leaft,  have  done  my 
duty,  and  my  heart  and  my  country  will  have  nothing  to  reproach  me. 

It  is  announced  to  me,  from  Baltimore,  that  200  colonifts  are  em- 
barking, in  the  Chefapeake,  for  Jeremi^,  The  Philadelphia  counter- 
revolutionary prcfTes  a^vertife,  that  two  vefTels  are  about  taking  paf- 
fengers  for  the  Molef .  Thus,  Sir,  it  is  no  longer  the  good  offices  pf 
an  g|ly,  that  France  has  pccafion  to  claim  of  the  federal  government — 
It  is  not  to  aid  in  our  dettruAion,  that  I  have  to  conjure  you — It  is  to 
entreat  you,  not  to  cqnfpire  in  thelofi^of  a  colony,  which  you  ought 
tu  defend,  that  my  af9i(^ing  duty  is  confined  to. 

With  whatever  fury  they  have  pbftinately  perfifled  to  paint  me,  in  libels, 
whith  I  defpife,  as  an  enemy  pf  the  American  people,  and  of  their  go- 

*  In  a  veffel  belonging  to  Mr.  Zachariah  Copman* 

t  One  is  thefhip  Delaware,  captain  James  Art,  fitted  out  by  Janrn 
Shoemaker.  The  other  is  the  Galliot  Betfey  Hannah,  captain  Donanchan, 
fitttJ  out  I  J  >'/  ejfieurs  Rccd  and  Soder. 

R 


[   «30  ] 


veritmcnti  and  at  afpiring  to  involve  you  in  the  war }  you  know,  Sir* 
with  what  moderation  I  have  reminded  you  of  the  obligations  which 
were  impofud  on  you.  In  that  alfo,  I  have  a  clear  confcicnce,  of 
having  been  influcnceut  neither  by  our  fucceifcs,  nor  our  misfortunes. 
I  have  only  ceded  to  provifuiy  ads,  which,  concealing  a  manifell  con^ 
tradi£tion  under  an  apparent  moilcity,  avow  the  inabihty  to  defend  us, 
and  ufurp,  at  the  f^me  time,  the  right  to  let  uqIn;  attacked. 

I  have  in  mv  poflcnion,  the  prot)f)t  of  a  confpiracy,  which  broke 
out  in  September  iail,  fur  the  furrcnder  of  the  Mole  ;  and  the  original 
papers  cnclofed,  prove,  that  it  was  concerted  in  firft  days  of  1793,  and 
I'lgncd  then  with  names  which  were  not  unmaHied  till  7th  September 
lall.  The  cunfpii'ators,  adroitly,  concealed,  were  urging  claims  on  the 
Republic,  at  the  moment  they  were  treating  with  the  Englifh  miniller, 
to  the  end,  that  by  this  double  intrigue,  they  might  overthrow  the  true 
friends  of  the  French,  and  condu^  to  its  end  their  fliamcful  plot. 
Thefe  partial  threads,  which  difco\  .r  themfelvcs  now,  were  only  ac- 
ceflary  portions  of  the  confpiracy  of  a  great  traitor,  celebrated  in  the 
laft  year,  now  cruihed  under  rcmorfe,  and  the  contempt  of  the  world. 
The  French  people,  Sir,  have  baffled  all  thefe  intrigues,  and  if  ulterior 
proofs  were  wanting  of  their  wifdom,  of  their  firm  determination  to 
be  free,  and  of  the  Ibbility  of  their  government,  you  would  find  them 
in  the  glorious  flruggle  of  the  preient  campaign.  Therein,  amidft 
great  reVcrfes,  figncd  victories,  and  atrocious  confpiracies,  the  Colof> 
lus  of  the  French  people  raifes  itfelf  majcllically,  and  makes  their  ene- 
mies tremble.  Thefe  then  are  the  friends,  under  whofe  wing  Ame- 
rica will  brave  the  defpots  who  divide  their  hatred  between  her  and  us. 
Thofe  are  the  friends,  who,  among  the  general  meafures  of  rigor, 
which  circumltances  force  from  them,  do  not  ecafe  a  moment  to  re- 
member you,  to  except  you  from  them.  The  demands,  which  I  make 
of  you  in  their  name,  Sir,  are  confined  to  this,  that  you  will  not  fuffer 
poignardH,  for  their  aflaflination,  to  be  forged  in  your  territory. 

I  pray  you,  in  confequence,  Sir,  to  reprefent  to  the  Preiident  of  the 
United  States,  ill.  That  the  perfonol  fafety  of  our  confuls  Is  threat- 
ened; at  Cliai'lctlon  and  at  Baltimore,  and  that  little  activity  is  em- 
ployed for  their  proteAIon.  2d.  That  200  colonial  emigrants  are  em- 
barking at  Baltimore,  and  are  perhaps  departed  to  join  the  traitors  oF 
Joremic — That  two  other  veffels,  armed,  doubtlefs,  by  our  enemies,  arc 
advertifed  at  Piiiladelphia,  in  the  counter-revolutionary  gazettes,  to 
carry  paflengers  of  the  fame  ftamp  to  the  Mole,  Saint  Nicholas.  That 
I  know  alio,  of  my  certain  knowledge,  that  American  vefTcls  have,  for 
*  fome  time  c:irried  provlfions  and  war  ftores  to  thefe  two  rebel  places  ; 
and,  in  fine,  that  the  emilTarlcs  of  men,  with  whom  fomc  of  your  ml- 
nifters  afTociate,  hnvc  gone  to  -this  ifland,  which  has  been  a  long  time 
the  prey  of  a  tlionfand  artfid  confpiracies,  there  to  negoclate  infuiTec- 
tions,  and  the  ruin  of  the  comm.ercial  Interefts  of  my  cduntry  ;  that  it 
13  on  your  territory,  that  all  this  is  doing ;  that  it  is  in  your  country, 
in  fine,  that  exifta  the  centre  of  the  intriguing  defolatlons  of  our  ul 
trao^rlne  pofTtlToiii. 


[  '31  ] 

I  requeft  ypo,  Sir,  to  obtain  a  definitive  anfwer,  from  the  fupre ine 
bead  of  tlie  federal  g^vcnimcnt,  on  thefe  two  ol/jcd^n,  in  order  that  I 
may*  by  tht  firft  opportunity,  Inform  the  French  government,  of  the 
fleps  T  have  taken  in  this  refpcA,  and  i)f  their  cfTeft. 

I  fhall  moreover  take  the  liberty  to  propt»fe  to  you,  a  meafure, 
which  I  cannot  adopt,  but  with  your  authority,  and  which  would 
obviate  the  fubterfuges  of  traitors,  and  the  coercive  means  which  you 
may  not  pofliTs.  It  is,  to  give  orders  to  the  armed  vcflVls  of  the  Rc- 
publi<c,  to  Hop  every  American  veflcl  deftined  for  the  ifland  of  Saint 
Don  ingo,  which  fhall  not  have  a  paflpoit  figncd  by  me.  Thus  I  fl);ill 
prevent  the  introduction  of  enemies,  which  may  elcape  your  vigilance, 
and  we  fhall  guard  your  citizens  from  I'edudions  and  dangers.  I  h<g 
of  you  to  make  known  to  me  the  intention  of  the  Prefidcnt  on  this 
propofition. 

Accent  my  rcfpeCl, 

*  GENET. 


Philadelphia,  November  30,  1793. 
^^f-  y^ff/^n,  Secretary  of  State^  to  Mr,  GeuJ,  Miai/!ir  Plcnipoten- 

tiary  of  France, 
Sir, 

I  HAVE  laid  before  the  Prefidcntof  the  United  States,  your  letter 
of  November  25th,  and  have  now  the  honor  to  inform  you, 
that  moft  of  its  objedts,  being  beyond  the  powers  of  the  executive, 
they  can  only  manifeit  their  difpofitions,  by  afting  on  thofe  which 
arc  within  their  powers.  InftruAions  are  accordingly  fent  to  the  dif- 
triA  attorneys  of  the  United  States,  refiding  within  ttatcs  wherein 
French  cooluls  are  eflablifhed,  requiring  them  to  Inform  the  confuls 
of  the  nature  of  the  provifions  made  by  the  laws,  for  preventing  as 
well  as  punifhing,  injuries  to  their  perfons,  and  to  advlfe  and  affift 
them  in  calling  thefe  provifions  into  aClivity,  whenever  the  occafions 
for  them  fhall  arife. 

It  is  not  permitted,  by  the  law,  to  prohibit  the  departure  of  the 
emigrants  to  St.  Domingo,  according  to  the  with  you  now  exprefs, 
any  more  than  it  was  to  force  them  away,  according  to  that  exprelTed 
by  you  in  a  former  letter.  Our  country  is  open  to  all  men,  to  come 
and  go  peaceably,  when  they  choofe  ;  and  your  letter  docs  not  men- 
tion, that  thefe  emigrants  meani  to  depart  armed  and  equipped  for 
t\'ar.  Left,  however,  this  fhould  be  attempted,  the  governors  of  the 
flates  of  Pennfylvania  and  Maryland  are  requelled  to  have  particular 
attention  paid  to  the  vefTels  named  in  your  letter,  and  to  fee  that  no  mi- 
litary expedition  be  covered  or  permitted,  under  colour  of  the  right 
which  the  paifengers  have  to  depart  from  thefe  Hates. 

Provifions  not  being  clafTed  among  the  articles  of  contraband,  in 
time  of  war,  it  is  poffible,  that  American  vefTels  may  have  carried 
them  to  the  ports  of  Jeremie  and  La  Mole,  as  they  do  to  other  domi- 
nions of  the  belligerent  powers ;  but  if  they  have  carried  arms  alfo, 
thefe,  as  being  contraband,  might  certainly  have  been  ftoppcd  and 
eonfifcatcd. 


'#• 


BOOKS, 

PUBLISHED   BY   MATHEW   CAREY, 

i 

•     No.  II S,  Market- ftreet. 


•I.- 


(Price  50  Cents.) 
THE  UNITED  STATES  REGISTER,  For  1795. 


CONTENTS. 


CALENDAR,  with  the  ne- 
cefTary  tables,  &c. 


Boundaries,  &c,  of  the  United  ] 

States, 
Population. 


eOVERNMENT. 


Supreme  Executive, 

Legiflature, 

Judiciary, 

Department  of  State, 

Department  of  the  Trcafury, 

Commiflioncrst)f  Loans, 

Officers  of  the  Cuftoms, 

Revenue  Cutters, 

Light  Houfes, 

Officers  of  the  Excife, 

Duties  and  dutiable  articles. 

Exempts  from  duties, 

Duties  on  tonnage, 

on  domeftic  objefts, 

Drawbacks,  &c.  and  regulations 
to  be  obferved  in  obtaining 
them. 

General  Abftraft  from  the  reve- 
nue laws,  relating  to  the  duly 
of  mailers  of  vcflels,  of  the 
owners,  &c.  of  goods,  and  the 
officers  of  the  cuftoms  ;  to 
the  payment  of  duties,  and  the 
importation  of  goods, 

Statement  of  Exports, 
Public  Debt, 


Expences  of  Government  for 

Department  of  war, 

Li  ft  of  the  Officers, 

Pay,  &c.  of  the  Army, 

Mint  eftablifhment, 

Rules  for  reducing  the  curren- 
cies of  the  different  ftates  to  i 
par  with  each  other, 

Tables  of  thenumber  of  centsand 
decimal  parts  in  any  number 
of  fhillings  and  pence  lets 
than  a  dollar,  in  the  currencies 
of  the  different  ftates. 

Table  fhewing  the  value  of  dol- 
lars in  the  currencies  of  ditto, 

Poft-office  eftablifhment. 

Lift  of  Poft-Towns,  &c. 

Latitude  and  Longitude  of  the 
principal  towns  in  the  Vaitii 
States, 

Banks, 

Literary  inftitutions, 

National  Manufaftory, 

Seffions  of  the  courts, 
I  Weftern  Ten  itory. 


:^ 


ijf^aks  fublijhed  by  Matbew  Carey, 


STATE    <SOVERNMENTS. 


Ncw-Hampfliire, 

Vermont, 

Maffachufetts, 

Connefticut, 

New-York,    , 

New-Jerfcy, 

Pcnnfylvania, 

Delaware, 

Mar^'land, 

Virginia, 

Kentucky, 

Nonh-Carolina, 


South- Carolina, 

Georgia, 

Order  of  time  in  which  the  fe- 
veral  (latesadopted  the  federal 
conftitution, 

Table  of  the  Sun's  rifing  and 
letting, 

Abftraft  of  goods,  wares,  and 
merchandize,  exported  from 
the  United  States,  from  the  i  ft 
of  Oftober  1790,  to  30th  Sep- 


tember, 


1791. 


Government  for 


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ExtraEl  jr&m  the  Critical  Review,  April  tygi,p,  468. 

"  IT  may  be  a  Tale  of  Truth,  for  it  is  not  unnatural,  and  it  is  a 
"  tale  of  real  diftrefs — Charlotte,  by  the  artifice  of  a  teac4ier,  re- 
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"  enticed  from  her  governefs,  and  accompanies  a  young  officer  to 
"  America.  The  marriage  ceremony,  if  not  forgotten,  is  poft- 
"  poned,  and  Charlotte  dies  a  martyr  to  the  inconftancy  of  her 
"  lover,  and  the  treachery  of  his  friend.  The  fituations  are  artlefs 
"  and  aflFefting — the  defcriptions  natural  and  pathetic ;  we  (hould 
"  feel  for  Charlotte,  if  fuch  a  pcrfon  ever  exiftod,  who,  for  one 
"  error,  fcavcely,  perhaps,  deferved  lo  feverc  a  punilhment.  If  it 
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THE 


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CONTAINING. 


Mrs.  Chapone's  Letter  on  the 
government  of  the  temper, 

Swift's  Letter  to  a  Young  Lady 
newly  married, 

Moore's  Fables  for  the  Female 
Sex. 


Mifs  More's  flffays, 

Or.  Gregory's   Legacy   to    his 

Daughters, 
Lady  Pennington's  unfo|-tunatc 
mptber's  advice  to  her  daugh- 
ter, 
MarchionefsdcLambert'sAdvice 
of  a  mother  to  her  Daughter. 

'PREFACE. 
"  The  editor  of  this  publication  hopes  from  the  eftablifhed  re- 
putation of  the  feveral  trafts  of  which  it  is  compofed,  that  it  will 
be  found  a  more  complqtc  fyftem  for  the  inftruftion  of  the  female 
world,  th?n  pefhap;s  9uy  o^her  extant. 

"  A  volume  .vjader  the  prefect  title  wps  lately  .pubUfhcd  in  Eng. 
land  and  Jrdaod,  and  had  ft  mo  ft  rapid  fale,  having  been  purchafed 
by  alipoft  every  lady  of  tafte  in  thofc  kingdoms.  To  this  volume, 
fhe  American  editor  has  added  Mifs  More's  JEflays-^Mrs.  Cha- 
pone's letter  on  the  government  of  the  temper — and  Swifts  Let- 
ter  to  a  Lady  newly  married.  Thefe  have  confiderably  enhanced 
itiSyalvierTrafld  J^  4oMbtsnol;,  ^e  Ijvdies,  on  thi^  fific  the  Atlantic, 
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—6,— 

(Pjr;ice  Two  Dollars), 
AN    IMPARTIAL    HISTORY 

OF    THE  « 

FRENCH    REVOLUTION; 

From  its  commencement  to  the 

EXECUTION  OF  THE  Ql/EEN  AND   THE  DEPUTIES 

OF  THE  GIRONDE  PAi^TY. 

EoetraUfromtkeCriticalRevkrv^  January,  f^q^,page  xz. 
*'  We  have  certainly  derived  much  pleafure,  and  acquired  much 
*'  information  from  the  perufal  of  thefe  volumes  ;  and  wc  think 
*'  them,  both  for  matter  and  ftyle,  worthy  the  attention  of  all  who 
"  intercft  themfelves  in  events  which  have  fo  juftly  excited  tl.c 
*'  curiofity  and  aftonifhment  of  mankind." 

Pl,OWPE>I's  HISTORY  OF  THE  BRITISH  EMPIRE, 
From  Jday,  1792,  to  December,  1793.  v 

(A  dollar  and  a  quarter.) 
[This  is  as  interefting  and  valuable  a  publication  ss  has  appeared 
for  many  years.J 


.%, 


PAPERS 


RELATIVE    TO 


GREAT      BRITAIN. 


i  DEPUTIES 


Philadelphia,  Nov.  tg,  itgi- 

Mr,  Jefferfon,  Secretary  bf  Btate,  to  Mr.  Hammond,  Mtnijler  Plenlpo' 

tentiary  of  Great  Britain. 
Sir,  /  *\ 

IN  recalling  your  attention  t6  the  7th  article  of  the  <lefinitif6 
treaty  of  peace  between  the  United  States  of  America  and  his 
Britannic  majefty,  wherein  it  was  ftipulated  that  "  his  Britannic 
majefty  (hould,  with  all  convenient  fpeed,  and  without  caufing  any 
deftru£lion,  or  canying  away  Any  negroes,  or  other  property  of  the 
American  inhabitants,  withdraw  all  his  armies,  garrifons  and  fleets 
from  the  faid  United  States,  and  from  every  puft,  place  and  harbour, 
within  the  fame" — I  need  not  obferve  to  you,  that  this  article  ftlU  re» 
mains  in  a  ftate  of  inexecution,  nor  recapitulate  what,  on  other  oc- 
cafions,  has  paft  on  tins  fuhjoc^.  Of  all  this,  1  prefume,  you  are 
fully  apprized.  Wc  cciifvlr  *  he  friciitlly  movement  lately  made  by 
the  court  of  London,  in  fending  a  mliiiiLcr  to  refide  with  us,  as  a  fa- 
vorable omen  of  its  difpoAtion  to  cultivate  luumony  and  good  will 
between  the  two  nations,  and  we  are  perfedUy  perfuadccf  that 
thefe  views  will  be  cordially  feconded  by  yourfelf,  in  the  miniltry 
which  yoB  are  appointed  to  exercif:  between  us.  Permit  me, 
then,  fir,  to  afk.  Whether  you  are  infln :6lel  to  give  us  explanations 
of  the  intentions  of  your  court  as  to  the  execution  of  the  article 
above  quoted  ? 

With  refpeft  to  the  commerce  of  the  two  countries,  we  have  fup- 
pofed  that  we  faw,  in  feveral  inftances.  re.^fulations  on  the  part  of  your 
government,  which,  if  reciprocally  adopted,  would  materially  injure 
the  interefls  of  both  nations.' 

B 


— / 


f* 


C    ^   ] 


v 


Cn  this  fubjefl)  too,  I'muft  beg  the  favor  of  you  to  fay.  Whether 
you  are  authorized  to  conclude,  or  to  negociate  arranffements  with  us 
which  may  fix  the  commerce  between  the  two  countries  on  principles 
of  reciprocal  advantage  \  I  have  the  honot  to  be,  with  fentiments  of 
the  molt  perfect  efteem  and  refpe£l, 

SIR,  &c. 
TH.    JEFFERSON. 

\  Philadelphia,  30th  Nov.  1791. 

Mr.  Hammmdf  Min'ifler  Plenipotentiary  of  Great  Brtta'mt  to  Mr.  Jef- 
\  ferfont  Secretary  of  State,  . 

Sir, 

IH  A  V  E  the  honor  of  acknowledging  the  receipt  of  yoor  let- 
ter of  yefterday. 

With  rtfpeft  to  the  non-execution  of  the  7th  article  of  the  defi- 
nitive treaty  of  peace  between  his  Britannic  majefty  and  the  United 
States  of  America,  which  you  have  recalled  to  my  attention,  it  is 
fcan'ely  neceffary  for  me  to  remark  to  you,  fir,  that  the  king,  my 
tnafttr,  was  induced  to  fufpend  the  execution  of  that  article  on  his 
pait,  in  confequence  of  the  non-compliance,  on  the  part  of  the 
United  States,  with  the  engagements  contained  in  the  4th,  5th,  and 
6th  articles  of  the  fame  treaty  Thefe  two  objetls  are  therefore,  fo 
materially  connedled  with  each  other  as  not  to  admit  of  feparation, 
either  in  the  mode  of  difcufllng  them,  or  in  any  fubfequent  arrange- 
ments, which  may  refult  from  that  difcuflion. 

In  ftating  to  you,  fir,  this  indifpenfable  confideration,  I  mud  at 
the  fame  time  aflure  you,  that,  in  the  confidence  of  experiencing  a  fi. 
milar  difpofition  in  the  government  of  the  United  States,  it  is  his 
majefty's  defire  to  remove  every  ground  and  occafion  of  mifunder- 
fianding  which  may  arife  b:tween  the  two  countries  :  And  in  confor- 
mity to  that  difpofition  in  his  majefty,  I  cao  add,  that  I  am  inftrudled 
to  enter  into  the  difcuflion  of  all  fuch  meafures,  as  may  be  t'  eeir.ed  the 
moft  practicable  and  reafonable  for  giving  effect  to  thofe  ftipulations 
of  the  definitive  treaty,  the  execution  of  which  has  hitherto  been 
delayed,  as  well  by  the  government  of  this  country  as  by  that  of 
Great  Britain. 

In  anfwer  to  your  queftion  on  the  fubjeA  of  the  commerce  of 
Grea«.  Britain  and  the  United  States,  I  can  alfo  inform  you,  fir, 
that  the  king  is  fincerely  difpofed  to  promote  and  facilitate  the  com- 
mercial intercourfe  between  the  two  countries,  and  that  I  am  autho- 
I  ized  to  communicate  to  this  government  his  majefty's  readinefs  to 
cuter  into  a  negociation  for  eilablifhing  that  intercourfe  upon  princi- 
ples of  reciprocal  benefit. 

Before  t  conclude  this  letter,  I  cannot  omit  mentioning  the  fenfe 
i  entertain  of  the  obliging  expreflions  of  perfonal  regard,  which  you, 
fir,  have  been  pleafed  to  employ,  relative  to  my  appointment  to  the 
ilation,  which  I  hold  in  this  country.  <  I  can  venture  to  aflure  you, 
with  the  greateft  fincerity,  that  it  affords  me  the  warmeft  fatis- 
faction  to  be  the  medium  of  communicating  to  the  United  States, 


C   3    3 

the  actual  good  difpofitions  of  my  fovereign  and  nation  towards 
them. — And  I  truft,^  I  may  be  permitted  to  add,  that  it  would  be 
the  higheft  object  of  my  ambition,  to  be  the  humble  inftrument  of 
contributing,  in  any  manner,  to  fix  upon  a  permanent  bafis  the 
future   fyftem   of  harmony  and   good   underflanding   between  the 


two  countries. 


I  have  the  honor  to  be,  with  every  fentlment  of 
refpeft  and  efteem,  Sir, 
i|       Your  moft  obedient  and  mod  humole  fervant, 
^  GEO.    HAMMOND, 


Philadelphia,  Dec.  6th,  1791. 
yifr.  Hamnumdi  Mtntjler  Plenipotentiary  of  Great  Brltaint  to  Air,  Jef* 

fiffout  Secretary  of  State, 
Sir, 

AS  I  am  extremely  folicitous  to  avoid  any  mifapprehenHon  of 
my  letter  of  the  30th  ulto.  \  have  now  the  honor  of  ftating 
to  you  in  explanation  of  that  part  of  it  to  which  you  have  advert- 
ed m  yours  of  yefterday,  that  although  (as  I  formerly  mentioned  in 
my  firft  converfations  with  you  after  my  arrival  in  this  country)  I 
am  not  as  yet  empowered  to  conclude  any  definitive  arrangement  with 
refpcffc  to  the  commercial  intercpurfe  between  the  two  countricis,  I 
flill  meant  it  to  be  i^nderilood,  that  I  am  fully  authorized  to  enter  into 
a  negociation,  for  that  purpofe,  and  into  the  difcuffion  of  fuch  princi- 
ples, as  may  appear  befl  calculated  to  promote  that  objed,  on  a  bafis 
of  reciprocal  advantage. 

J  am  farther  authorized  to  receive  any  propofitions  which  this  go- 
^yernm^nt  may  be  pleafed  to  make  to  me  upon  this  fubjedt. 

I  have  the  honor  to  be,  with  every  fentiment  of 
refpeft  and  efteem,  Sir, 
Your  moil  obedient  and  moil  humble  fervant, 
GEO.    HAMMOND. 


Philadelphia,  Dec.  13th,  1791. 
Mr,  yefffrjbuf  Secretary  of  State,  to  Mr.  Hammoad,  Minifler  Pleolpom 

tentlary  of  Great  Britain, 
Sir, 

IH  A  V  E  laid  before  the  prefident  of  the  United  States,  the 
letters  of  Nov.  30th  and  Pec.  6th,  with  which  you  honored  me, 
and  in  confequence  thereof,  and  particularly  of  that  part  of  youy 
letter  of  Dec.  6th,  where  you  fay  that  you  are  fully  authorized  to 
enter  into  a  negociation  for  the  purpofe  of  arranging  the  commer- 
cial intercourfe  between  the  two  countries,  I  have  the  honor  to  In- 
form you  that  I  am  ready  to  receive  a  communication  of  your  full  pow- 
ers for  that  purpofe,  at  any  time  you  fhall  think  proper,  and  Xo  proceed 
immediatelv  to  their  objed. 

J  have  the  honor  to  be,   with  fentiments  of  the 

moft  perfedl  efleem  and  rcfpeft,  &c, 
T  H,     J  E  !•  F  E  R,  S  Q  N. 


C    4    J 

''  '^pHILADELPHIi^  Dec.  I4th»    I79I. 

Mr,  Hammondt  Mtmfier  Plenipotentiary  of  Great  BritatHt  to  Mr.  Jef- 

ferfittt  Secretary  of  State. 
Sir, 

IN  anfwer  to  your  letter  of  yefterday,  I  can  only  repeat  what  I 
have  before  dated  in  my  firft  converfations  with  you  after  my  ar- 
rival, and  fubfequently  in  my  letter  of  the  6th  of  this  month  ;  viz, 
that  I  have  ^ijo  fpecial  commifllon  empowering  fne  to  conclude  any 
definitive  arrangement  upon  the  fubjeft  of  the  commercial  intercourfe 
between  Great  Britain  and  the  United  States.  But  that  I  con- 
ceive myfelf  fully  competent  to  enter  into  a  negociation  with  this 
government  for  that  purpofe,  in  the  difcufllon  of  the  principles 
which  may  ferve  as  the  bafis,  and  conftitute  the  ftipulatioBs  of  any 
fuch  definitive  arrangement. 

This  opinion  of  my  competency,  is  founded  upon  my  inftruflions, 
in  as  niuch  a?  they  are  to  regulate  my  perfonal  condu£l,  and  upon 
the  convI6lion  that  the  letter  of  credence  from  his  majefty,  invefting 
me  with  a  general  plenipotentiary  charafler,  which  I  had  the  honor 
of  prefenting  to  the  prefident  of  the  United  States,  and  his  confe- 
quent  recognition  of  rae  in  that  chara£ler,  are  authorities  decidedly 
l^dcquate  to  the  commencement  of  a  preliminary  negociation. 

I  have  the  honor  to  be,  with  fentinients 
of  great  refpeft,  Sir, 
Your  moft  obedient  and  moft  humble  fervant, 
GEO.    HAMMOND. 


Philadelphia,  Dec.  ijfth,  1791. 
"^'''  y^^Kf""*  Secretary  of  State ^  to  Mr.  Hammond^  Minifter  Plenipo'i 

tentiary  of  Great  Britain. 
Sir,    . 

IA  M  to  acknowledge  the  honor  of  your  letter  of  Nov.  30th, 
and  to  exprefs  the  fatisfadlion  with  vyhich  we  learn,  ihat  you  are 
inftru£ied  to  difcufs  with  us,  the  meafures,  which  reafon  and  pra6li- 
cability  may  dictate,  for  giving  effe6t  to  the  ftjpuiations  of  our  treaty 
yet  remaining  to  be  executed.  I  can  aflure  you  on  the  part  of  the 
United  States,  of  every  difpofition  to  leflen  difficulties,  by  paffing 
over  whatever  is  of  fmaller  concern,  and  infilling  on  thofe  matters 
only,  which  either  juftlce  to  individuals  or  public  policy  render  indif- 
penfible ;  and  in  order  to  fimplify  our  difcufllons,  by  defining  pre- 
cifely  their  objefts,  I  have  the  honor  to  propofe  that  we  fhall  begin 
by  fpecifying,  on  eacli  fide,  the  particular  afts  which  each  confiders 
to  have  been  done  by  the  other,  in  contravention  of  the  treaty.  I 
fhall  fet  the  example. 

The  provifional  and  definitive  treaties  in  their  7th  article  flipulated 

that  his  "  Britannic  majefly  fhould,  with  all  convenient  fpeed,  and 

without  caufing  any  deflru£tIon  or  carrying  away  any  negroes^  or  other 

property  of  the  American  Inhabitants,  <withdratv  all  his  armies,  garri- 

'  Jons,  and  fleets  from  the  faid  United  States  and  from  every  port,  place, 

and  harbour  within  the  fame." 


u 


30th, 

rou  are 
prafti- 
treaty 
of  the 
afling 
alters 
indif- 

begin 
fiders 
IV.     I 

hlated 

p,  and 

other 

yarr't- 

ilace, 


,t  J'  ]     •  •• 

But  the  Britifh  garrifons  were  not  withdrawn  with  all  convenient 
fpeeH;  nor  have  ever  yet  been  withdrawn  from  Mich'!IImackin<:c,  on 
lake  Mlcliigan  ;  Detroit,  on  the  flreight  of  laLes  Erie  aiid  Hu.  on  ; 
fori  Erie,  on  lake  Erie;  Niagajra,  Ofwego,  on  lake  Ontarid; 
Oiwegatchie,  on  the  river  St.  Lawrence ;  Point  Au^fer,  and  Dutch-' 
man's  point,  on  lake  Champlain. 

2d.  The  Briti(h  officers  have  undertaken  to  exercife  a  jurifdidlion 
over  the  country  and  inhabitants  in  the  vicinities  t)f  thofe  forts  ;  and 

3d.  They  haiPe  excluded  the  citizens  of  the  United  States  from 
navigating,  even  on  our  fide  of  the  middle  line  of  the  rivers  and  lakes 
eftablifhed  as  a  boundary  between  the  two  nations. 

By  thefe  proceedings  we  have  been  intercepted  entirely  from  the 
commerce  of  furs  with  the  Indian  nations  to  the  northward,  a  corn- 
merce  which  had  ever  been  of  great  importance  to  the  United  States, 
not  only  for  its  intrinfic  value,  but  as  it  was  the  means  of  cherilhiitg 
peace  with  thofe  Indians,  and  of  fuperfeding  the  neceffity  of  that 
expenflvc  warfare  we  have  been  obliged  to  carry  on  with  the*n,  during 
the  time  that  thefe  polls  have  been  in  other  hands. 

On  withdrawing  the  troops  from  New  York,  ift.  A  large  embark- 
ation  of  negroes,  of  the  property  of  the  inhabitants  of  the  United 
States,  took  place  before  the  commiflioners  on  our  part,  for  infpe£l- 
ing  and  fuperintending  embarkations,  had  arrived  there,  and  without 
any  account  ever  rendered  thereof.  2d.  Near  three  thoufand  others 
were  publicly  carried  away  by  the  avowed  order  of  the  Britifh  com- 
manding officer,  and  under  the  view,  and  againd  the  remonftrances 
of  our  commiffioners.  3d.  A  very  great  number  were  carried  off  in 
private  veffels,  if  not  by  the  exprefs  permlffion,  yet  certainly  without 
oppofition  on  the  part  of  the  commanding  officer,  who  alone  had  the 
means  of  preventing  It,  and  without  admitting  the  Inrpe£lIon  of  the 
American  commiffioners;  and  4th,  Of  other  fpccies  of  property 
carried  away,  the  commanding  officer  permitted  no  examination  at 
all.  In  fupport  of  thefe  fa6ls  I  have  the  honor  to  enclofe  you  do- 
cuments, a  lift  of  which  will  be  fubjoined,  and  in  ad''  vion  to  them, 
I  beg  leave  to  refer  to  a  roll  figned  by  the  joint  commiffioners  and 
delivered  to  your  commanding  officer  for  tranfmrffion  to  his  court, 
containing  a  defcriptlon  of  the  negroes  publicly  carried  away,  by  his 
order  as  before  mentioned,  with  a  copy  of  which  you  have  doubtlefs 
been  furnllhed. 

A  difference  of  opinion  too,  having  arifen  as  to  the  river  intended 
by  the  plenipotentiaries  to  be  the  boundary  between  us  and  the  domi- 
nions of  Great  Britain,  and  by  them  called  the  St.  Croix,  which 
name,  it  feems,  is  given  to  two  different  rivers,  the  afcertaining  of 
this  point,  becomes  a  matter  of  prefent  urgency :  it  has  heretofore 
been  the  fubjefl  of  applications  from  us  to  the  government  of  Great 
Britain. 

There  are  other  fmaUer  matters  between  the  two  nations  which 
remain  to  be  adjufted,  but  I  think  it  would  be  better  to  refer  thefe 
for  fettkment  through  the  ordlnaiy  channel  of  our  aiiniilers,  thw  'Q 


*      C   6   3 

embarrafs  the  prefcnt  important  difcuifions  with  them :  they  can  never 
be  obftacles  to  friendihip  and  harmony. 

Permit  me  now,  Sir,  to  afk  from  you  a  fpecification  of  the  parti- 
cular adts,  which  being  confidered  by  his  Brituinic  majefly,  as  a  non> 
compliance  on  our  part  with  the  engagements  contained  in  the  4th, 
5th,  and  6th  articles  of  the  treaty,  induced  him  to  fufpend  the  exe- 
cution of  the  7  th,  and  render  a  feparate  difcuffion  of  them  inadmif- 
(Hblc.  And  accept  aflurances  of  the  higheft  refpedt  and  efteem, 
With  which  I  have  the  honour  to  be,  Sir, 

Your  moft  obedient  and  moft  humble  fervant, 

TH:  JEFFERSON. 
Documents  referred  tOy  and  enclofed, 
ExtraA  of  a  letter  of  May  12th,  1783,  from  Sir  Guy  Carleton 
to  General  Wafliington.  Letter  of  May  24th,  1783,  from  the 
American  commifTioners  to  Sir  Guy  Carleton.  Letter  of  May  29th, 
1783,  from  Mr.  Morgan  for  Sir  Guy  Carleton  to  the  American 
commiffioners. 

'Remonftrance  of  June  9th,  1783,  from  the  American  Conunifli- 
oners  to  Sir  Guy  Carleton.  Letter  of  June  14th,  1783,  from  the 
American  commiffione;?  to  General  Wafliington.  Extrafl  of  a  re- 
monftrance  of  June  17,  1783,  from  the  American  commiffioners  to 
Sir  Guy  Carleton.  Letter  of  Jan.  i8th,  1784,  from  the  American 
commiffioners  to  G  eneral  Wafliington* 

Extras  of  a  Letter  from  Sir  Guy  Carleton  to  General  lVaP)ington,  of 

I2ih  May,  1']%^, 
"  T  ENCLOSE  a  copy  of  an  order  which  I  have  given  out,  to 

X  prevent  the  carrying  away  any  negroes  or  other  property  of 
the  American  inhabitants.  I  underftand  from  the  gentlemen  therein 
named,  that  they  vifited  the  fleet  bound  to  Nova  Scotia,  and  ordered 
on  fliore  whatever  came  clearly  under  the  above  defcrlption  :  there 
appeared  to  be  but  little  difference  of  opinion  except  in  the  cafe  of 
the  negroes  who  had  been  declared  free,  previous  to  my  arrival. — As 
I  had  no  right  to  deprive  them  of  that  liberty  I  found  them  poflefl"- 
ed  of,  an  accurate  regifter  was  taken  of  every  circumftance  refpe£t- 
ing  them,  fo  as  to  fervi:  as  a  record  of  the  name  of  the  original  pro- 
prietor of  the  negro,  and  as  a  rule  by  which  to  judge  of  his  v^ue. 
By  this  open  method  of  condud^ing  the  bufinefs,  I  hoped  to  prevent 
all  fraud,  and  whatever  might  admit  of  different  conftru£Uons  is  left 
open  for  future  explanation  or  compenfation.  Had  thefe  negroes 
been  denied  permiffion  to  embark,  they  would  in  fpite  of  every  means 
to  prevent  it,  have  found  various  methods  of  quitting  this  place,  fo 
that  the  former  owner  would  no  longer  have  been  able  to  trace  them, 
and  cf  courfe  would  have  loft  in  every  way,  all  chance  of  compen- 
fation. 

This  bufinefs,  carried  on  in  this  public  manner,  and  the  orders  no- 
minating perfons  to  fuperintend  embarkations  publiftied  in  the  ga- 
zette, I  had  no  rvafon  to  think  either  the  tii.barkation  or  any  clr- 
pumftance  attending  it,  could  have  been  maU^i^  of  fiirprize  to  you^ 


C   7   3 

excellency  on  the  6th  of  May.  1  then,  however,  learned  with  con- 
cern, that  the  embarkation  which  had  already  taken  place,  and  in 
which  a  large  number  of  negroes  had  been  conveyed  away,  appear* 
ed  to  your  excellency  as  a  meafurc  totally  different  from  the  letter 
and  fpirit  of  the  treaty. 

"  The  negroes  in  queftion,  I  have  already  faid,  I  found  free  when 
I  am'ved  at  Ncw^  York.  I  had  therefore  no  right,  as  I  thought,  to 
prevent  their  going  to  any  part  of  the  world  they  thought  proper. 

"  I  mull  confeis  that  the  mere  fuppofition  that  tlie  kmg's  mini- 
fter  could  deliberately  ftipulate  in  a  treaty,  an  engagement  to  be 
guilty  of  a  notorious  breach  of  "  the  pubUc  faith,'*  towards  people 
of  any  complexion,  feems  to  denote  a  lefs  friendly  difpofition 
than  I  could  wifh,  and  I  think  lefs  friendly  than  we  might  ex- 
peft.  After  all,  I  only  give  my  own  opinion.  Every  negroe's  name 
is  regiftered,  the  mafter  he  formerly  belonged  to,  with  fuch  other 
circumftances  as  ferve  to  denote  his  value,  that  it  may  be  adjufled 
by  compenfation,  if  that  was  really  the  intention  and  meaning  of 
the  treaty.  Reftoration,  where  infeparable  from  a  breach  of  pub- 
lic faith,  is,  as  the  world,  I  thift,  muft  allow,  utterly  impra^ica- 
ble.  I  know  of  no  better  method  of  preventing  abufe,  and  the 
carrying  away  negroes,  or  other  American  property,  than  that  I 
propofed  to  the  minifter  for  foreign  affairs,  in  my  letter  of  the  four- 
teenth of  April,  the  naming  commiffioners  to  aflill  thofe  appointed 
by  me,  to  infpc^  all  embarkations,  and  I  am  pleafed  to  find  your 
excellency  has  approved  of  this  method,  and  appointed  Egbert 
'  Benfon,  efquire.  Lieutenant-colonel  Smith,  and  Daniel  Parker,  ef- 
quire,  one  of  the  cootraftors  for  fupplying  your  army  with  provi- 
lions,  commidioners  on  your  part  for  this  purpofe." 

I  am.  Sir,  &c. 

GUY    CARLETON. 


Sir, 


May  24th,  1783, 
From  the  Commiffioners  to  Sir  Guy  CarUton, 


WITH  this  we  do  ourfdves  the  honor  to  tranfmit  your  eX' 
cellency  the  cafe  of  James  Van  Derburgfa,  efquire,  an  In- 
habitant of  this  ftate,  and  conformable  to  the  inftruAions  contained 
in  our  commilfion,  it  becomes  our  duty  to  requeft  that  your  excel- 
lency will  pleafe  to  diredl  that  the  claim  of  Mr.  Van  Derburgh 
Slay  be  enquired  into,  and  if,  on  fuch  enquiry,  the  h^s,  as  ftated 
(hould  be  proved,  that  the  horfe  may  then  be  delivered  to  Mr.  Van 
Derburgh. 

We  have  the  honor  to  be,  &c. 

EGBERT   BENSON. 
W.   S.   SMITH. 


C    8    3 

The  Cafe  of  James  Van  Derburghf  Efqmre. 

MR.  Van  Dcrhurgh  had  an  hotfe  ftolcn  from  him,  out  of  hi* 
ftable,  in  Beekman's  precind,  in  Dutchefs  county,  twv-nty- 
fixth  of  February,  1 780 ;  and  the  horfe  was  conveyed,  by  the  perfons 
who  ftole  him,  to  a  then  Briti/h  poft  in  Well  Cheller  county,  where 
he  has  fince  been  detained,  fo  that  Mr.  Van  Derbur^rh  cuuld  not 
recover  him  again.  The  horfe  is  now  in  the  poffcflion  of  colonel 
James  De  Lancey,  of  this  city,  from  whom  Mr.  Van  Dcrburgh 
has  demanded  him,  and  who  refufcs  to  deliver  him  to  Mr.  Van  Dcr- 
burgh. 

New  Yo^k,  May  39th,  1783. 
From  Sir  Guy  Carleton  to  the  Con.  r.ljffioners. 
Gentlemen, 

I  AM  diredled  to  inform  you,  in  anfwer  to  your  letter  of  tlic 
twenty-fourth  inftant,  that  after  the  moll  attentive  rt  lew  by  the 
commander  in  chief  of  his  letter  to  the  honorable  R.  R.  Livlng- 
flon,  which  has  become  the  declared  ground  of  your  commiflion, 
he  is  not  able  (fufpending  all  otVr  confiderations)  to  petceive  ei- 
ther in  that  letter,  or  in  any  claufe  of  your  inilrud^ions,  any  author- 
ity for  your  officially  claiming,  on  behalf  of  Mr.  Van  Derburgh,  an 
horfe,  llolen  or  taken  in  Dutchefs  county,  in  the  year  1780,  and 
which  you  do  not  even  fuggeft  to  be  in  danger  of  being  prefently 
embarked  and  carried  away. 

I  have  the  honor  to  be,  gentlemen,  &c. 

M.   MORGAN. 


New  York,  9th  June,  1783. 
■  C(^  of  a  Rsmonflrance  from  the  Commijfioners  to  Sir  Guy  Carleton. 

THE  underfigned  commiflioners  in  behalf  of  the  United  States 
of  America,  do  reprefent  to  your  excellency,  that  on  Friday 
laft,  the  board  compofed  of  the  commiflioners  appointed  by  your 
exc<?llency,  and  of  the  uiidei-figned,  examined  into  the  claim  of 
Mr.  Philip  Lott,  to  a  negro,  named  Thomas  Francis,  now  on 
board  a  vejfel  called  the  Fair  Avnerican,  in  this  harbour,  and  about 
to  be  carried  oif  to  the  ifland  of  Jamaica ;  that  on  fuch  examina- 
tion it  appeared  to  the  board,  that  Mr.  Lott  purchafed  the  afore- 
mentioned negro  from  Mr.  Elihu  Spencer;,  of  New-Jerfey,  and  that 
the  faid  negro  came  within  the  Britifh  lines  the  fecond  day  of  No- 
vember laft,  and  was  enlifted,  by  captain  Thclwall,  in  a  corps  dif- 
tinguifhed  by  the  name  of  the  Jamaica  rangers.  Captain  Thelwall 
produced  to  the  board  a  certificate,  from  the  con.>mandant  of  this 
city,  that  the  faid  negro  came  within  the  Britifl)  lines,  under  the 
fan^lion  of  the  proclamation  refpefUng  negroes. 

The  underfigned,  therefore,  in  confonnity  lo  that  part  of  their 
commifllon  whereby  they  are  required  *•  to  attend  particularly  to  the 
due  execution  of  that  part  of  the  fcventh  article  of  the  provifional 
treaty,  where  it  is  agreed,  his  Britannic  majefty  fliall  withdraw  his 
armies,  &c.  vi^ithout  caufing  any  deftruflion,  or  carrying  away  any 


.       [     51    ] 

A^groet  or  other  property  of  the  American  inhabitants/^  do  requeft 
of  your  excellency^  that  the  faid  captain  Thelwall  may  be  prohibit- 
ed from  carrying  away  the  faid  negrtlf  and  in  conformity  to  that 
part  of  their  commiifion,  whereby  they  are  required  "  to  obtain  the 
delivery  of  all  negroes*  and  other  property  of  the  inhabitants  of  the 
United  States,  in  the  pofllflion  of  the  Bntifh  forces,  or  any  fubjedls 
of,  or  adherents  to,  his  Britannic  majelty,"  do  further  rcqueft  of  your 
excellency,  that  the  faid  negro  may  be  delivered  to  Mr.  Lott. 

The  underfigncd  do  thcmfelves  the  honor,  herewith,  to  tranfmit 
to  your  excellency,  a  copy  of  an  a£t  of  the  United  States  in  con- 
grefs  alfembled,  of  the  twenty-fixth  of  May  lall,  which  has  been 
tranfmitted  to  them  by  his  excellency  general  Waftiington,  with  di- 
rections to  pay  ftridl  attention  to  the  injunctions  of  congrefs  contain- 
ed  in  the  {aid  aCt ;  and  as  the  underfigned  are,  by  their  commifTion, 
enjoined  to  reprefent  to  the  commander  in  chief  of  the  Britifti  forces 
in  this  city,  every  infraction  of  the  articles  of  peace,  it  therefore  be- 
comes their  duty  to  remonftrate  to  your  excellency  agaiiift  your  per- 
miting  any  negroes,  the  property  of  the  citizen;!  of  thefe  ilates,  tu 
leave  this  city,  and  to  infiit  on  a  difcontinuance  ot  that  meafure. 

EGBT.    BENSON. 

WILLM.    S.    SMITH. 

DANIEL   PARKER. 


Copy  of  a  Letter  from  the  Comm'iffhners  to  General  Wq/hington, 

New  Yqrk,  June  14th,  1783^ 
Sir, 

WE  do  ourfclvea  the  honor  to  acknowledge  the  receipt  of  yoiir 
excellency's  letter  of  the  fccond  inltant,  covering  the  aCl  of 
ccngrefs  of  the  twenty- fixth  ult.  and  we  alfo  do  ourfelves  the  horor 
to  tranfmit  your  excellency,  a  copy  of  a  memorial  which  we  pre- 
fented  to  Sir  Guy  Carleton,  on  Monday  laft,  to  which  we  have  not, 
as  yet,  received  any  anfwer,  except  a  verbal  meflage  by  his  deputy 
fccretary,  that  he  did  not  conceive  an  anfwer,  at  this  time,  necelfary. 

Your  excellency  will  recolleCt,  that  in  anfwering  our  claim  for  ref- 
titution  in  the  cafe  of  Mr.  Van  Derburgh,  Sir  Guy  Carleton  intimat- 
ed an  impropriety  in  the  claim,  as  the  property  was  not  fuggefted  to 
be  in  danger  of  being  fent  away  :  this  left  room  for  an  idea,  that, 
poflibly,  property  about  to  be  fent  away,  would  be  reftored  j  and  we 
apprized  your  excellency,  that  we  fhould  take  the  firft  fair  occafion 
which  fhould  prefent  itfelf,  to  remove  all  doubt  on  this  point ;  and, 
with  this  view,  we  made  the  requlfition  in  behalf  of  Mr.  Lott ;  and 
we  conceive  it  is  now  reduced  to  a  certainty,  that  all  applications  for 
the  delivery  of  property  will  be  fhiitlefs,  and  we  fhall  therefore  defift 
from  them. 

That  part  of  the  memorial  which  is  ip  the  nature  of  a  remonftrance, 
is  in  confequence  of  the  refolution  of  congrefs,  ^itd  your  excellency's 
letter  which  accompanied  it» 

Yeilerday  we  afiilted  in  fuperintendinf^  an  embarkation,  confiftlng 
of  fourteen  tranfports,  b^jund  to  Nova  Scotia,  having  on  board,  a^ 

Cc 


C      10      ] 

nearly  as  ^e  could  eftimate,  about  three  thoufand  fouls,  amon^  which 
were  at  lead  one  hundred  and  thirty  negroes,  who  appeared  to  be 
property  of  the  citizens  of  the  .United  States ;  and  as  tnis  embarka. 
tioi)  was  made  fioce  we  prefented  our  memorial,  and  as  it  were  in  the 
face  of  it,  we  fubmit  it  to  your  excellency,  whether  it  is  neceflary 
for  us  further  to  remonllrate  to  Sir  Guy  Carleton,  againft  his  per- 
mitting (laves,  the  property  of  American  fubicd^s,  to  leave  this  place*, 
and  could  wi(h  to  receive  your  excellency's  directions  on  that  fubje«5l. 
We  have  the  honor  to  be,  5c  c. 

EGBT.   BENSON. 
DANIEL  PARKER. 


Exlralt  of  a  Remonjlrance  from  the  Commj^onen  lo  Sir  Guy  Carleton. 

New  York,  June  17th,  1783. 

THE  underHgned  commiffioners,  in  behalf  of  the  United  States 
of  America,  did,  with  intent  to  comply  with  their  inftrudliuns 
diredling  them  **  to  aflift  fuch  perfons  aa  (hould  be  appointed  by  your 
excellency  in  fuperintending  and  infpediing  fuch  embarkations  as  the 
evacuation  of  this  place  fliould  require,"  on  Friday  lad,  aiTiil  the 
commiflioners,  appointed  by  your  excellency,  in  fuperintending  and  in- 
fpedling  an  embarkation  made  by  dire£lion  of  your  excellency^ 
and  confifting  of  fourteen  tranfports  in  the  pay  and  fervice  of  the 
crown  of  Great  Britain,  bound  for  the  province  i)f  Nova  Scotia,  and 
having  on  board,  as  nea^  as  the  underfigned  could  cftimate,  at  leaft 
two  thoufand  white  perfons,  who,  a  few  individuals  excepted,  ap- 
peared to  be  perfons  in  civil  life,  and  inhabitants  of  the  United 
States :  and  having  alfo  on  board  upwards  of  one  hundred  negroes, 
feventy  three  of  which  appeared  to  be  the  property  of  American  fub- 
jeiis  not  refiding  within  the  Britifh  lines. 

The  underfigned,  therefore,  in  order  to  guard  againft  improper 
inferences  from  their  filence  on  this  occafion,  and  from  their  condudt 
in  future,  conceive  it  incumbent  on  them  to  reprefent  to  your  excel- 
lency, that,  notwithftanding  any  adl  on  their  part  in  fuperintending 
or  infpedling  the  above-mentioned,  or  any  other  embarkation,  they 
do,  and  fhall  confidcr  the  permiflion  from  your  excellency,  to  any 
negroes  belonging  to  the  citizens  of  thefe  ftates,  to  leave  this  city, 
tis  an  infraction  of  the  treaty  of  peace,  agreeable  to  their  reprefenta- 
tion  of  the  ninth  inftant ;  and  that  they  do  not,  neither  can  they 
confider  the  faid  embarkation,  or  any  other  of  a  fimllar  nature,  as  an 
embarkation  which  the  evacuation  of  this  place  requires. 

From  the  Commiffioners  to  his  excellency  General  IVa/hington, 

New  York,  i  8th  January,  1784. 
Sir, 

THE  Briti(h  troops  being  wholly  withdrawn  from  this  place,  it 
only  remains  to  the  clofing  the  bufinefs  under  your  excellency's 
commiflion^to  us  of  the  eighth  of  May  ult.  that  we  fhould  report 
our  proceedings. 


C       M       ] 


they 
any 
city, 
enta- 
they 
an 


^,  it 
^cy*s 

)ort 


We  prcfumc  it  will  be  nccdlcfB  to  recapitulate  our  former  commii* 
•licationa,  and  therefore,  take  the  liberty  of  referring  to  our  letters 
to  your  excellency  of  the  thirtieth  of  May,  fourteenth  and  eighteenth 
of  June  laft,  with  their  refpedtive  enclofures. 

As  Sir  Guy  Carlcton  did  not,  except  in  one  or  two  inftancea,  an- 
fwer  our  reprefcntations,  we  forbore  to  make  further  rcprefcntation. 
We  interpreted  hitt  iilcnce  into  a  determination  that  all  future  appli- 
cation from  us  (hould  remain  equally  unnoticed,  and  therefore  prefum- 
ed,  that  they  would  be,  not  only  fruitlefs,  but  alfo  derogatoiy  to  the 
dignity  of  the  fovereignty  by  whofe  authority  we  were  commiflioned. 

From  our  firft  arrival  in  this  city  hitherto,  we  have,  whenever  we 
were  formally  requefted  by  the  Britiih  commiflioners,  aflifled  them 
in  fiiperlntcnding  embarkations.  Thefe  embarkations  were  always 
made  in  veflels  in  the  pay  and  fervice  of  the  crown  of  Great  Britain, 
and  the  fupcrintendence  confillod  in  vifiting  the  fliips  after  they  were 
laden  and  ready  for  failing,  and  taking  an  account  of  the  negroes, 
which  the  captain  informed  us,  were  on  board,  and  which  were  alfo 
produced  to  us.  The  captains  were  then  afked,  whether  they  had 
any  other  American  property  on  board.  They  all  anfwered  in  the 
negative,  and  this  was  received  as  evidence,  without  further  fcrutiny, 
or  examination.  A  defcriptive  lift  of  negroes  your  excellency  will 
receive  with  this.  This  lift,  as  to  the  names  of  the  negroes  and 
places  of  rcfidence  of  their  mafters,  is  formed  from  the  declaration 
of  the  negroes  themfelves,  made  to  the  Brltifh  commiflioners  in  our 
prefence. 

We  conceive  it  requifite  to  inform  your  excellency,  that  Sir  Guy 
Carleton  retained  and  exercifed  the  authority  of  entering  and  clear- 
ing out  merchant  veflels,  at  this  port,  which  were  never  fubmitted  to 
any  infpediion  ;  and  confeqnently,  it  is  impuflible  for  us  to  determine, 
for  a  certainty,  the  number  of  negroes,  or  the  amount  of  other  pro- 
perty belonging  to  the  citizens  of  the  United  States,  which  were 
carried  away  in  thofe  veflels ;  neither  do  we  know  that  any  meafure? 
were  ufed  by  the  Britlfli  government  to  afcertain  thefe  points.  Sir 
Guy  Carleton  afledted  to  diftioguifli  between  the  cafes  of  fuch  ne- 
groes as  came  within  the  Britifli  lines,  in  confequence  of  the  promifes 
of  freedom  and  indemnity  held  out  in  the  proclamations  of  his  prede* 
ceflbrs,  and  fuch  as  came  in,  either  previous  to  the  proclamations, 
or  fubfequent  to  the  cefl*ation  of  hoftilities.  Negroes  of  the  firft  de- 
fcription  he  fuppofed  not  included  in  the  treaty,  as  the  public  faith 
had,  prior  to  the  treaty,  been  pledged  to  them  for  their  fecurity  a- 
gainft  the  claims  of  their  former  mafters.  'Admitting  this  diftinAion 
to  be  juft,  we  would  mention  a  circumftance  to  your  excellency, 
which  we  fuppofe  no  otherwife  material,  than  to  fliow^  that  Sir  Guy 
Carleton,  or,  at  leaft,  that  his  fubordinatc  officers,  did  not  intend  to 
obferve  the  treaty,  even  agreeable  to  their  own  limited  conftruflion 
of  it. 

Whenever  the  negroes,  at  an  infpeAion  of  an  embarkation,  were 
examined,  they  always,  except  in  a  very  few  iuftancei,  produced  a 
printed  certi^cate  from  the  conamand.-^nt  yf  the  city,  counterfign<jd 


i 


i 


by  his  fecretary,  purporting  that  they  came  within  the  Britifli  hnes  in 
confequence  of  the  proclamation  ifTued  by  Sir  Henry  Ch'nton  and 
others.  We  are  fenfible,  as  there  was  no  mode  prefcribed  for  invefti- 
cating  thefe  matters,  that  it  was  impoflible  the  commandant  or  his 
lecretary  could,  in  every  cafe,  have  fufiicient  proof  of  the  time  of 
the  negroes  coming  in,  and  therefore,  concluded  there  muil  be  an 
abufe.  In  this  we  were  not  deceived  ;  for  it  appears,  that  certificates, 
with  blanks,  were  given  by  the  commandant  to  individuals,  to  be 
filled  up  as  their  convenience  might  require.  One  of  thefe  blank  certi- 
ficates has  fallen  into  our  hands,  and  we  tranfmit  it  to  your  excellency. 
Sir  Guy  Carleton,  during  the  whole  of  the  time  from  our  arrival 
in  this  city,  uptil  his  departure,  on  the  25th  of  November,  exercif- 
cd  the  fame  kind  of  Jurifdidion  in  this  city,  and  on  Long  Ifland 
and  Staten  Ifland,  and  as  fully  as  his  predeceiTors  in  command  had, 
at  any  period  of  the  war.  And  in  the  exercife  of  this  jurifdi£lion, 
he  retained  the  regulation  of  the  commerce  of  this  port,  continued 
to  leafe  and  receive  the  rents  of  a  number  of  houfes  in  this  city, 
-which  had  been  previoufly  taken,  and  the  rents  appropriated  by  the 
Britifh  government  here,  as  belonging  to  perfons  reading  without 
their  lines,  and  by  them,  therefore,  declared  as  being  in  rebellion. 
He  refufed,  except  in  a  very  few  inftances,  to  reilore  perfons,  who 
were  defirous  of  returning  to  their  former  habitations,  the  poifeffion 
of  their  eftates,  and  caufcd  feveral  citizens  of  the  United  States  tp 
be  apprehended,  and  tried  by  courts  martial.  A  confiderable  em- 
barkation of  negroes  took  place  the  day  this  city  was  evacuated. 
The  hurry  of  bufinefs,  on  the  part  of  the  Britons,  is  the  oftenfible 
reafon  why  we  were  not  invited  to  the  infpc£iion,  as  appears  by  a 
letter  from  captain  Gilfillan. 

We  have  the  honor  to  be,  &c. 

EGBT.  BENSON. 

W.  S.  SMITH. 

DAN.   PARKER. 

THE   BLANK  CERTIFICATE. 

New  York,  April  23d,  1783. 
THIS  is  tv  certify,  to  whomfoever  it  may  concern,  that 
the  bearer  hereof  a  negro,  re- 

forted  to  the  Britifli  lines,  in  confequence  of  the  procla- 
mations of  Sir  William  Howe  and  Sir  Henry  Clinton, 
late  commanders  in  chief,  in  America ;  and,  that  the 
faid  negro  has  hereby  his  excellency  Sir  Guy  Carleton*s  permifllon 
to  go  to  Nova  Scotia,  or  wherever  elfe  may  think 

Droper, 

By  order  of  Brigadier  general  Birch,  commandant  of  the 
city  and  ganifon  of  New  York,  this  day  of 

April,  Annoqiie  Domini,   1783. 

E.  W I  L  L I A  M  S,  Maj^r  of  Brigade,- 


^^ 


G.B. 


of  the 
Iday  of 

Igader 


t    '3    ] 

Mr,  Hamtnond,  Mmt/ler  Plenipotentiary  of  Great  Britain^  to  Mr,  Jef- 

ferfont  Secretary  of  State. 

Philadelphia,  Dec.  19th,  1791. 
Sir, 

I  HAVE  the  honor  of  acknowleding  the  receipt  of  your  letter 
of  the  1 5th  currt.  and  of  expreffing  my  perfe£l  approbation  of, 
and  concurrence  in,  the  mode  you  have  fuggefted  of  difcuffing  the 
feveral  particulars  relative  to  the  non- execution  of  the  definitive 
treaty  of  peace. 

In  conformity  to  your  example,  I  am  now  preparing  an  abftra£l  of 
the  circumftances  that  appear  to  me  contraventions,  on  the  part  of 
the  United  States,  of  the  fourth,  fifth,  and  fixth  articles  of  that 
treaty.  This  abftra£l  I  intend  to  prefent  to  you,  fir,  with  as  little 
delay  as  the  extenfive  nature  of  the  fubjed  under  confideration  will 
admit. 

I  have  the  honor  to  be,  with  fentiments,  Sic. 

Your  moft  obedient  humble  fervant, 

GEO.   HAMMOND. 


Mr,  HanymonJ,  Mini/ler  Plenipotentiary  of  Great  Britain^  to  Mr,  Jef- 

ferfont  Secretary  of  State. 

Philadelphia,  March 5,  179J. 
Sir,  * 

IN  conformity  to  the  mode  which  you  have  purfued  and  fuggefted, 
I  have  now  the  honor  of  fubmitting  to  you  an  abftra£l  of  fuch 
particular  a£ls  of  the  United  States  as  appear  to  me  infra^ions,  on 
their  part,  of  the  definitive  treaty  of  peace,  concluded  between  the 
king  my  mafter  and  the  United  States.  The  necelfity  of  colleding, 
from  diftant  parts  of  this  continent,  the  requifite  materials,  of  coin<- 
bining  and  arranging  them,  has  occaficned  a  much  longer  delay  in 
prefenting  to  you  this  abftra£l,  than  I  at  firft  apprehended :  I  truft, 
however,  that  it  will  be  found  fo  comprehenfive  as  to  include  every 
caufe  of  complaint,  refulting  from  the  treaty,  and  fo  fully  fubftanti- 
ated  as  to  require  no  fubfequent  elucidations  to  prove  and  to  confirm 
the  fadts  which  I  {hall  fpecify. 

Many  of  the  legiflative  adls  and  judicial  determinations  which  I 
(hall  adduce  as  violations  of  the  treaty,  having  been  common  to  s 
majority  of  the  ftates,  I  have  thought  it  expedient,  in  order  to  avoid 
repetitions,  not  to  difcufs  the  tendency  and  extent  of  their  operation 
in  the  feveral  ftates  diilindlly  and  feparately,  but  to  reduce  the  infirac- 
tions  under  general  heads,  and  to  throw  into  the  form  of  an  appendix 
references  to  juftify  and  explain  the  documents  by  which  they  are 
authenticated. 

Although  I  have  employed  every  exertion  in  my  power,  to  acquire 
the  moil  accurate  and  general  information  upon  thc'refpe£live  pointi 
comprehended  in  this  abftrad,  it  is  ftill  poflible,  that  many  materials 
may  have  been  out  of  my  reach,  or,  that,  in  the  txtenfive  coUe^ion 
of  laws  and  of  other  documents  which  I  have  been  obliged  to  penife 
IMid  digefty  many  objeds  may  have  efcaped  my  notice.  It  is  poifiblc, 


C    14   3 

that  a£b  of  the  ftates,  of  which  I  have  complained  as  militating 
againft  the  treaty  of  peace,  may  have  been  repealed  or  modified  by 
fuccceding  legiflatures ;  and  that  decifions  of  the  ilate  courts,  v^rhich 
I  have  dUeged  as  violations  of  the  treaty,  may  have  been  redlified 
by  fi^fequent  determinations.  I  am  not  confcious  of  any  errors  or 
mifreprefentations  of  this  nature  ;  but  if  any  fuch  (hould  exift  in  the 
abftnidt,  I  defire  you,  fir,  to  be  perfuaded,  that  they  have  been  to- 
tally unintentional  on  my  part,  and  that  I  fliall  be  extremely  folicitous 
to  have  them  explained  and  corre6led. 

Immediately  after  the  ratification  of  the  definitive  treaty  of  peace, 
the  congrcfs  of  the  United  States,  by  a  proclamation,  announcing 
that  event,  and  by  a  refolve,  dated  14th  Jan.  1784,  required  and 
enjoined  all  bodies  of  magiftracy,  legiflative,  executive,  and  judlciaryy 
to  carry  into'effeA  the  definitive  articles,  and  every  claufe  and  fentence 
thereof,  fincerely,  ftridlly,  and  completely — and  earneftly  recom- 
mended to  the  legiflatures  of  the  refpedtive  dates,  to  provide  for  the 
reftitution  of  all  eftates,  rights,  and  properties  confifcated,  belonging 
to  real  Britifli  fubje6bs,  and  of  eftates,  rights,  and  properties  of  per- 
fons  refident  in  diftridls  in  pofTelfion  of  his  majefty's  arms,  between 
the  50th  November,  1782,  and  14th  January,  1784,  who  had  not 
borne  arms  againft  the  United  States ;  and  that  perfons  of  any  other 
defcription,  (hould  have  liberty  to  go  to  any  part  of  the  United 
States,  to  remain  twelve  months,  unmolefted  in  their  endeavours  to 
obtain  the  reftitution  of  their  eftates,  rights,  and  properties  confifcat- 
ed. It  was  alfo  recommended  to  the  feveral  ftates  to  reconfider  and 
revife  all  laws  regarding  the  premifes,  fo  as  to  render  them  perfe6ily 
conAftent  with  juftice  and  that  fpirit  of  conciliation,  which,  on  the 
return  of  the  bleflings  of  peace,  fliould  univerfally  prevail — and  it 
was  fisrther  reccTiimended,  that  the  eftates,  rights,  and  properties  of 
fuch  laft  mentioned  perfons  ftiould  be  reftored  to  them,  they  refunding 
the  bona  fide  price,  paid  on  purchafing  any  of  the  faid  lands,  rights, 
and  properties,  fince  the  confifcation. 

In  confequence  of  the  little  attention,  which  had  been  manifefted 
to  this  proclamation  and  recommendation,  and  of  the  anfwer  given 
(20  Feb.  1786)  by  the  marquis  of  Carmarthen,  to  the  requifitions  of 
Mr.  Adams,  refpefling  the  pofts  and  territories,  ceded  by  the  treaty 
of  peace,  to  the  United  States,  the  ccngrefs  tranfmitted,  in  April, 
1787,  a  circular  letter  to  the  governors  of  the  refpcftive  ftates,  re- 
commending it  to  the  different  legiflatures,  to  repeal  fuch  a&s,  or 
parts  of  adbs,  as  were  repugnant  to  the  treaty  of  peace  between  his 
Britannic  majefty  and  the  United  States,  or  any  article  thereof,  and 
that  the  courts  of  law  and  equity  ftiould  be  diredled  and  required,  in 
all  caufes  and  queftions  cognizable  by  them  refpe£^ively,  and  arifing 
from,  or  touching  the  faid  treaty,  to  decide  and  adjudge,  according 
to  the  tenor,  true  intent,  and  meaning  of  the  fame,  any  thing  in 
the  faid  aAs  or  parts  of  a^s  to  the  contrary  thereof,  in  any  wife,  not- 
withftanding. 

In  this  arcular  letter,  after  enforcing  in  the  moft  energetic  man- 
ner, the  regard  due  to  folemn,  national  compad^s,  and  the  impro- 


■r^.r-y-.i*:  ■--^*- 


ifefted 
given 
>ns  of 


:n  his 

and 

|d,  in 

rifing 

^ding 

igin 

not- 

lan- 
kpro- 


C    15    ] 

priety  of  the  individual  ftates  attempting  to  contravenCf  or  even  dif* 
cufs  ftipulations,  which  had  been  fan£lioned  by  their  general  govern- 
ment, the  congrefs  farther  declare,  i*  they  have  deliberately  and 
diipaffionately  examined  and  confidered  the  feveral  fads  and  matters 
urged  by  Great  Britain  as  infradlions  of  the  treaty  of  peace,  on 
the  pare  of  America ;  and  regret,  that,  in  fome  of  the  ftates,  too 
little  attention  appears  to  have  been  paid  to  the  public  faith,  {hedged 
by  the  treaty." 

It  is  obfervahle,  that  congrefs,  neither  in  this  proclamation  nor 
recommendation,  take  any  notice  of  the  fourth  article  of  the  treaty 
of  peace,  by  which  it  was  agreed  that  creditors  on  either  fide,  fhould 
meet  with  no  lawful  impediment  to  the  recovery  of  the  full  value,  in 
fterling  money,  of  all  bona  fide  debts  theretofore  contra£ked ;  nor 
does  either  the  proclamation  or  recommendation  extend  to  the  ftipu- 
lations  in  the  clofe  of  the  fifth  article,  whereby  it  was  agreed  that 
all  perfons  who  have  any  interefts  in  confifcated  lands,  either  by 
debts,  marriage  fettlements,  or  otherwife,  (hould  meet  with  no  law- 
ful impediment  in  the  profecution  of  their  juft  rights. 

This  omiffion  of  thefe  elFential  points  can  only  be  afcribed  to  the 
conviction  that  congrefs  entertained,  that  it  was  totally  unneceflary 
to  fpecify  them,  as  they  were  llipulations  pofitive  and  obligatory 
upwi  the  individual  ftates,  and  that  no  local  regulation  was  compe- 
tent either  |p  confirm  or  invalidate  them.  It  does  not,  however,  ap- 
pear that  this  proclamation  and  recommendation  had  any  genei-al 
and  extenfive  effedl  upon  the  legiflatures  of  the  refpe£live  ftates ;  as* 
'    confequence  thereof,    even  the  formality  of  a  municipal  adop-^ 

:.  of  the  treaty,  either  in  the  nature  of  a  repeal  of  exifting 
i  v^,  repugnant  to  the  treaty  of  peace,  or  of  a  declaratory  law, 
eftablifhing  the  treaty  of  peace  as  the  fupreme  law  of  the  land* 
feems  to  have  been  confined  to  a  fmall  portion  of  the  feveral  ftates. 

Having  thus  ftated  the  meafures  purfued  by  congrefs  to  give  valid- 
ity and  e£Fe£l  to  the  engagements  contained  in  the  treaty  of  peace, 
it  is  now  expedient  to  fpecify,  in  detail,  the  particular  adls  which 
Great  Britain  confiders  as  infradlions  of  the  treaty,  on  the  part  of 
the  United  States,  and  it  will  tend  to  fimplify  the  difcuflion  to  make 
the  following  arrangement : 

I.  To  define  what  congrefs  has  enforced  or  omitted. 

II.  To  advert  to  the  conduct  obferved  by  the  individual  ftates 
generally,  in  refpeft  to  the  treaty  of  peace. 

In  not  repealiiig  laws  that  exifted  antecedently  to  the  pacification, 

In  enabling  laws  fubfcquent  to  the  peace  in  contravention  of  the 
treaty. 

And  in  the  decifions  of  the  ftate  courts  upon  queftions  affeCling 
the  rights  of  Britifh  fubjedb. 

As  to  the  firft  of  thefe  points,  it  cannot  be  prefumed,  that  the 
commiffioners,  who  negociated  the  treaty  of  peace,  wo'dld  engage 
in  behalf  of  congrefs,  to  make  recommendations  to  the  legidatures 
of  the  refpcdive  ftates,  which  they  did  not  expert  to  be  effectual, 
or  enter  into  direct  ftipulationsy  which  they  had  not  the  power  to 


C   16   3 


-*) 


citaferce.  And  yet  the  laws  were  not  repealed  which  congreia  re<« 
commended  to  be  repealed,  nor  were  the  ftipulations  enforced  which 
congrefs  was  abfolutely  pledged  to  fulfil.  It  does  not  appear — ^that 
any  of  the  itate  legiflatures  repealed  their  confifcation  laws,  or  pro- 
vided for  the  reftitution  of  all  eftates,  rights  and  properties  of  real 
Britifh  fubje£ts,  which  had  been  confifcated,  and  of  perfons  refident 
in  diftrids  in  the  poflTtflion  of  his  maje(ly*8  arms,  who  had  not  borne 
arms  againft  the  United  States — ^that  perfons  of  other  defcriptions* 
were  at  liberty  to  remain  twelve  months  in  the  United  States,  unmoleft- 
cid  in  their  endeavours  to  obtain  the  reftoration  of  their  confifcated 
^eftates,  rights  and  properties — ^that  the  ads  of  the  feveral  ftates, 
which  re{pe£ted  confif<'?.tions,  were,  in  many  of  the  ftates,  reconfi- 
dered  or  revifed — nor  finally,  have  Britifh  creditors  been  counte- 
nanced or  fupported,  either  by  the  refpedlve  legiflatures  or  by  the 
ftate  courts,  in  their  endeavours  to  recover  the  full  value  of  debts, 
contra£ied  antecedently  to  the  treaty  of  peace.  On  the  contrary, 
in  fome  of  the  ftates,  the  confifcation  laws  have  been  a£led  upon 
fince  the  peace,  and  new  legiflative  regulations  have  been  eftablifhed 
to  carry  them  into  effect.  In  many  of  the  ftated,  the  fubjefls  of  the 
crown,  in  endeavouring  to  obtain  the  reftitution  of  their  forfeited 
eftates  and  property,  upon  refunding  the  price  to  the  purchafers,  have 
httn  treated  with  indignity — menaced,  expofed  to  perfonal  danger* 
and,  in  fome  inftances,  imprifoned.  Profecutions  have^been  com- 
menced againft  his  majefty's  fubjeds  for  the  part  which  they  had  tak- 
en in  the  late  war.  In  many  of  the  ftates,  laws  have  adluaJly  pafled, 
delaying  the  legal  inveftigation  of  juft  claims,  and  abridging  the  de- 
mands of  Brit  (h  merchants.  Local  regulations,  in  refpedi  to  the 
tender  of  property,  in  difcharge  of  juft  debts,  have  prevailed  to  fuch 
an  extent  as  to  amount  to  a  prohibition  of  fults.  Paper  money, 
emitted  by  partiailar  ftatca,  has  been  made  at  its  nominal  value,  le- 
gal tender  and  payment  for  all  debts,  for  the  recovery  of  which 
actions  were  commenced  at  the  time  when  money  of  that  defcripti- 
on  was  greatly  depreciated.  Creditors,  too,  in  fome  of  the  ftates, 
were  expofed  to  the  neccffity  of  taking  real  or  perfonal  property, 
at  a  valuation  made  by  a  partial,  prejudiced,  or  interefted  neighbour- 
hood, while,  in  other  ftates,  when  the  queftion  of  alienage  has  been 
under  difcuffion,  the  courts  of  law  and  equity  have  determined,  that 
9  fubje£t  of  Great  Britain,  refiding  within  the  king's  dominions, 
at  and  after  the  declaration  of  independence,  was  not  competent 
to  acquire  or  hold  real  property  within  the  United  States.  In  many 
of  the  ftate  courts,  decifions  have  taken  place,  reducing  the  amount 
of  Britiih  debt«,  in  violation  of  the  terms  of  the  original  contrails, 
and  fome  of  thofe  courts,  have  pofitively  refufed  to  take  cogni- 
zance of  fuits,  inftituted  for  the  recovery  of  Britifh  debts.  Thefe 
fads  will  be  more  fully  illuftrated  under  the  next  head  of  ar- 
rangement. 

II.  To  advert  to  the  CQndud  obferved  by  the  individual  ftates, 
jjjrenerally,  in  refped  to  the  treaty  of  peace. 


m. 


Ites, 


til.  In  not  n'pcaling  the  lawstliat  cxidcd  antecedently  Al^pehJi* 
h>  the  pacification. 

During  the  war,  the  refpeftive  legiflatures  of  the  United  Nn.  i  trt  2*f; 
States,  pafled  laws  to  conlifcate  and  fell,  to  fequefter,  take  incluiire. 
pofH^on  of,  and  leafe,  the  eftatca  of  the  loyalifts,  and 
to  apply  the  proceeds  thereof,  towards  the  redemption 
of  certificates  and  bills  of  credit,  or  towards  defraying 
the  expenfes  of  the  war — to  enable  debtors  to  pay  into 
the  ftate  treafliries,  or  loan  offices,  paper  money,  then 
exceedingly  depreciated,  in  difcharge  of  their  debts. 
Under  fpme  of  the  laws,  many  individuals  were  attainted 
hy  name,  others  were  baniflied  for  ever  from  the  country, 
and,  if  found  within  the  Hate,  declared  felons^  without 
benefit  of  clergy.  In  fome  Hates,  the  eilates  and  rights 
'  married  women^  of  widows,  and  of  minors,  and  of 
perfons  who  had  died  within  the  territories  poffcffed  by 
the  Britifti  arms,  were  forfeited.  Authority  alfo  was  given  0 

to  the  executive  department,  to  require  petfons  who  ad- 
hered to  the  crown,  to  furrender  themfelves,  by  a  given 
day,  and  to  abide  their  trials  for  high  treafon  ;  in  failure 
of  whichf  the  j)atties  fo  required,  were  attainted,  were 
fubje^l  to,  and  fuffcred,  all  the  pains,  penalties,  and  for 
feitures  awarded  againil  perfons  attainted  of  high  treafon^ 
In  one  ftate  (New  York)  a  power  was  veftcd  in  the 
courts,  to  prefer  bills  of  indiftment  againd  ptrfons  alive 
or  dead,  who  had  adhered  to  the  king,  or  joined  his  "■ 
fleets  or  armies  (if  in  full  life,  and  generally  reputed  to 
hold  or  claim,  or,  if  dead«  to  have  held  or  claimed,  at 
the  time  of  their  deceafe,  real  or  perfonal  eftate.)  And 
upon  notice  or  neglett  to  appear  anu  traverfe  the  indift- 
ment,  or,  upon  trial  and  conviftion^  the  perfons  charged 
in  the  indictment,  whether  in  full  lifi:  or  dcceafed^  were  / 

refpeftively  declared  guilty  of  the  offences  charged,  and 
their  eHatcs  were  f'orftited,  whether  in  poffelfion,  rt'rerfion, 
or  reniainder.     In  fome  of  the  ftates  confifcated  property 
was  applied  to  the  purpofes  of  public  btiildings  and  im-  Jfo.3i&3Z. 
provements ;    in   others,  was  appropriated  as  rewards  to  No.  33. 
individuals  for  military  ■fer\Mce8  rendered  during  the  war  ; 
and,  in  one  inftance,    property   mortgaged  to  a  Britifh  No.  34. 
creditor,  was  Kberated  from  the  incumbrance  by  a  fpecial 
aft  of  the  legiflature,  as  a  provifion  for  the  reprefcnta- 
tives  of  the  mortgager,  who  had  fallen  in  battle. 

A  general  repeal  of  thefe  laws,  under  the  ftipulated 
exceptions,  would  have  been  a  compliance  with  the  terms 
of  the  treaty  of  peace.  But  the  reltitution  of  the  eftates, 
tights  and  properties,  of  real  Britiih  fubjefts,  or  of  per- 
fons refident  in  diftrifts  in  pofleflion  of  his  majefty's  arms, 
and  who  had  not  borne  arms  againft  the  United  States* 
was  not  provided  for  by  any  local  law,  or  general  rego* 
*       *  D  d 


/ 


\ 
y 


[     i8     ] 


\ 


lation,  nor  did  any  fuch  law  or  reopulalion  prevail,  to  fiip- 
port  peiions  of  other  detcrijitions  in  their  endeavours  to 
oLitain  the  reditu  ion  of  fuch  of  their  eftatcs,  rights,  anJ 
properties,  as  had  been  confifcated.  Some  of  tht  ftatc 
Icgiflatures,  it  is  true,  foon  after  the  peace,  pafTed^adls, 
in  conf(jrmity  to  the  treaty,  to  provide  againfl  farther 
confifcfitjons,  and  to  deliver  up,  under  certain  conditions 
and  afi'cfl'inents,  fuch  hinds  and  tenements,  the  property 
of  perfoiis  defcribed  in  cOnBi'cation  laws,  as  had  not  been 
confifcated  by  proccfs  of  lav/.  OcIrt  flates  have,  ui  cer- 
tain inltanccs,  up«  n  application  of  the  children  or  fjiends 
of  attainted  perfons,  pafRJ  laws  to  ruftore  the  owneifhip 
of  furftitv-d  cftates,  uj)on  tlie  payment  of  a  given  price 
in  dcpi  I  elated  certificates,  and,  in  others,  without  cxatft- 
i'lg  any  coi.lidcration  for  the  property  rellored.  A^ts  of 
pardon  and  oblivion  are  alfo  to  be  found  in  the  ilatute 
book  <if  fome  of  the  llatea,  but  fettered  with  fuch  quali- 
fciitioiivS,  exceptions,  and  rcllraints,  as  to  ex  lude  effe£tu- 
ally  from  the  hope  of  recovery  or  rc'litution,  numbers 
who  were  cxpr'^fsly  within  the  meaning  and  intention  of 
the  treaty. 

2d.  In  enabling  laws  fubfequent  to  the  peace  in  contra- 
vention of  the  treaty. 

In  flating  the  particular  a£ls  that  relate  to  this  head 
of  arrangement,  it  will  be  proper  to  place  them  in  three 
clafl'es. 

1.  Such  as  relate  to  the  eftates  of  the  loyallfts; 

2.  Such  as  refpeft  their  perfons;  and  laftly, 

3.  Such  as  obllrudt  the  recovery  of  debts  due  to  the 
fubjedsofthe  crown. 

I .  Many  of  the  confifcated  eftat^  being  undifpofcd  of, 
not  only  at  the  time  the  preliminary  articles  of  peace 
were  figned,  but  even  after  the  conchifion  of  the  defini- 
tive treaty,  it  would  have  been  perfectly  confident  with 
juftice,  and  tlAt  fpirit  of  conciliation  which  ought  to  have 
prevailed  upon  the  return  of  the  blefliugs  of  peace,  to 
have  fufpended  the  fales  of  property  not  then  difpofed  of, 
•to  have  repealed  the  laws  of  Confif^ation,  under  certain 
limitations,  and  to  have  reftored  the  ri«.;hts  of  married 
women,-  of  widows,  and  of  minors;  and  though  the  po- 
licy of  the  different  ftate  governments  might  exa<Sl  a  rigid 
adherence  to  forfeitures,  incurred  by  perfonS  who  had  ac- 
t  ually  borne  arms  during  the  war,  yet  fuch  z  fufpenfion 
f)f  fales,  repeal  of  laws,  and  rellltution  of  property,  might 
have  been  effected  with  great  convenience,  in  a  number 
of  initances,  arid  might  have  been  liberally  extended  to 
real  Britiih  fubjeft:^,  and  to  perfons,  who  had  not  borne 
V«!S  araiuft  tlie  United  States,  but  who,  from  local  re- 


*  *< 


♦    F  19  1 


fldeiicc,  were  liable  to  the  imputation  of  oiTcnce,  and  to  AppeniWt 
the  operation  of  feverc  penal  laws.  *' 

But  immediately  after   the    preliminary  articles  were 
figncd,  and  for  many  years  ru'oft-qnent  to  the  peace,  adls 
pafled  the  different  Icglfiatures  of  the  United  States — to  No.  i. 
cuaffrm  forfeitures  and  conl'ifcatiosis,  made  by  virtue  of 
former  laws  ;    to  fccure  in  their  poficffious,  pcrfons  who  No.  a. 
had   purchafev'    ^jrftritcd  latids,    tent-menta,    jjooda,    and 
•  hattcls ;    to  ftU  conlilcatid   propcity  tint  remained  un-  No.  3^4- 
lold  ;  to  re-fell  fiich   as  had   been  aJicady  f>ld,  and  to  No. 5&6. 
uhich  no  title  had  been  giv;:n  ;    and  to  riKafe  from  their  No.  7. 
bargains,  pei'fons  who  had    mifconceivcd   the  modes    of 
payment.     In  one  Hate  (Georgia)  many  years  fiibfcqiient  No.  8. 
to  the  peace,  an  zi\  palled  to  compel,  under  fcvere  penal- 
tics,  the  difcovery  of  debts  due  to  merchants  and  fiibjefta 
of  the  crown  of  Great  Britain,  that  had  been  fcquefter- 
cd  by  particular  regulations.     Under  this  adl,  the  auditor 
of  that  ftate  has  publiihed  a  formal  notice,  manifefling  * 

his  determination  to  purfue  the  rigid  letter  of  the  law, 
and  to  fequefter  Britifh  debts,  in  dcfi:ince  of  the  fulemni- 
ty  of  national  engagements.  In  another  ftr.te  (Maryland)  No.  9&rc. 
offers  have  been  held  out  by  legiflative  authority,  to  per-  . 
fons,  who,  within  limited  periods,  fhould  make  difcovery 
of  Britifh  property,  to  compound  for  the  fame,  by  grant- 
ing certain  portions  of  fuch  as  fliould  be  difcovered :  and 
thefe  legiflative  afts  extended  to  forfeited  rights  and  pro- 
perty, generally,  v.ithout  difcrimination  or  diflinftions  of 
perfons  plainly  defined  in  the  treaty  ;  dillinftion  which 
the  fpirit  of  conciliation,  and  the  feelings  of  humanity, 
moft  forcibly  recommended,  and  which  the  vjip'-'iTtive  flates 
were  fully  competent  to  eftablifli  and  enforce,  when  applied 
to  eflates  and  proplrty,  cither  unfold  at  the  period  of  thv.' 
peace,  or  for  which  (owing  to  the  default  of  th.e  purchuf- 
ers)  no  titles  had  been  given. 

2d.  In  refpe£l  to  the  perfons,  who,  under  the  treaty  of 
peace  were  to  have  free  liberty  to  come  tp  any  part  of  the 
United  States.  The  permifTion  in  their  favor  was  in  tcnnr,, 
the  moft  general  and  unqualified  ;  and  though  the  period,  , 
in  which  perfons  of  one  defcripti«)n  were  to  remain  in  this 
rountrj',  was  reftridled,  none,^  however  exceptionable  their 
j)olitical  condu<El  might  have  been  cnnfidered  by  the  Unit- 
ed St«tes,  were  debarred  from  the  means  of  perfonnl  ap- 
plication, and  of  endeavouring  to  obtain  the  rcflitution  of 
luch  of  their  eflates,  rights,  and  proptitics,  as  had  been 
confifcated.  As  to  thofe  who,  under  the  appellation  of 
Britifh  fubjcfts,  had  incurred  no  othtr  impuiaiion  of 
criminah'ty,  than  that  of  adherence  to  their  fovcrei^iivand 
as  to  others,  who,  lliough  reiident  in  diftriils  iu  poif'  ll'Oiv 
of  hi-  majeflv's  forces,  V.ad  not   bni-ic   aim?  d'jainll  the 


'<! 


C      20      ]' 


Appendix 


Uiillcd  Statr^,  ihc  exprcfs  provifiou^jn  the  treaty  Air  the 
reilltution  of  the  eftates  and  properties  of  perfons  ot  both 
thefe  defcriptioiiH,  certainly  connprehended  »  virtual  acqui- 
efccnce  in  ihe'ir  right  to  re  fide,  >vhere  their  property  was 
iituated,  and  to  be  rellored  to  the  privileges  of  citizenflup. 
This  virtual  acquiefcence  may  be  jultly  alfumed  <ts  an  w^xx- 
ment  in  favur  even  of  thofu  who  had  borne  arms  againft 
the  United  States,  and  who  (if  any  inilan<9rs  of  this  kind 
exifted)  had  been  fuccefsful  in  their  endeavours  to  obtain 
the  redoration  of  their  coniHcated  eilatcs  on  I'efunding  to 
the  purchafers  the  bona  Ade  price  that  had  been  paid. 

*    ,  A£ii,   however,    of  profcription,   attainder,    and  banifh- 

ment,  which  had  paflVd  during  the  war,  and  which  extend- 
edy  not  only  to  thufe  who  had  borne  arms  again  it  the 
United  States,  but  alfo  to  thofe  who  had  bitrne  arms  againlt: 
•  ^  their  allies ;  to  perfons  who  had  left  particular  ilates,  and 

gone  oif  with  the  fleets  or  armies  of  Great  Britain,  to 
thofe  who  had  attached  themfelves  to^  adhered  to,  or  taken 
the  protd£lion  of  the  government,  fleets,  or  armies  of 
Great  Britain  ;  who  were,  and  ftilf  remained  abfent  from 
No.  I.  .  the  ftates  j  who  had  withdrawn  themfelves  from,  and  Hill 
refided  beyond  the  limits  pf  the  United  iStates,  though 
repealed  as  to  certain  individuals  therein  named,  remained 
in  full  force,  againft  numbers  of  every  defcription  of  per- 
fons defined  in  the  treaty.  And  fubfequent  to  the  peace, 
afks  pafled  feveral  of  the  ftate  legiflatures,  for  the  purpofo 

b.  a  &  3.   of  aflertihg  the  rights  of  the  ftates,  for  preferving  their  in- 


dependence, and  expelling  fnch  aliens  us  might  be  danger- 
ous to  the  peace  and  good  order  of  government :  whereby 
perfons  who  had  left  the  ftates,  gone  off  to,  or  taken  the 
protection  of  the  government,  fleeta^r  armies  of  Great 
Britain  ;  or  aided,  aififted,  or  abetted  the  fame ;  or  had 
borne  arms,  exercifed,  or  accepted  military  commands ; 

No.  7  &  8.    or  owned,  or  fitted  out  armed  veflels  to  crui/.e  againft  the 

United  States  of  their  allies;  or  had  been  joined  to  tliv' 

fleets  or  armies,  or  to' any  volunteer  corps  of  the  king,  or 

Q^         had  held  any  office,'  at  particular  boards  inftituted  during 

No.  a.  the  war ;  and  all  other  abfentees  named  in  divers  adts  o^ 

conftfcation,  or  who  had  been  banilhcd.  pr  feut  out  of  the 
ftates,  were  forbidden  to  return  without  licence,  at  their 
peril,  or  were  fubjedt  to  diiqualiflcations,  to  profecution, 

^<x.  2, 7, 8.   and  tedious  iniprifonment,  if  they  remained  after  notice 

No.  6.  given  to  depart  the  ftate.  In  fome  ftates  the  ceremony  of 

notice  was  difpenfed  with,  and  the  parties  upon  being;  found 
therein  were  liable  to  imprifonment,  to  the  confifcatiun  of 
the  property  they  poflcITed,  and,  in  other  ftates,  to  the  pe- 

No,9&  10.  nalty  of  death.  In  fome  of  the  ftates,  it  is  true,  pcrmiftion 
was  given  to  certain  individuals  to  return  unconditionally^ ; 

NO'12,13,14  but  10  others  the  iadulgeuce  was  of  momeniary  diyatii^ 


'*^ 


IS     O^ 


* 


c 


21      ] 


t'#'* 


n^* 


and  ^e  unfortuna^^objeAs  of  it  were  then  baniflicd  frofn  Appeodic  V 
their^onne^ttons  and  friendii  for  t:vcr.  ^      • 

To  thiH  ilr  may  be  added,  that  though  the  treaty  of 
peace  exprefuly  declares,  That  uu  future  cunfifcutiuns  (hall 
be  made,  nor  any  profecutions  commenced  againft  any  per- 
ions  for  or  by  rcafon  of  tiie  part  which  tiiey  might  iiavc 
taken   during   the  war,  eonfifcalion  atXs  have  pafTed  hiice  No.  15. 
the  preliniinwy  adls  were  figned,  and  fale^  liave  been  wade 
of  coniifcated  ellaics  loiig  Ciixte  the  peace.  Ads  liave  alfu 
paffed  for  granting  iffcttual  relief  in  cafes  of  trefpaflcs.  No.  16, 
and  pointing  out  modes  for  the  recovery  of  property  ac- 
quired while  the  king's  troops  occupied  particular  dillrii^s,  ■ 
whereby  it  was  made  lawful  for  any  inhabitants  of  the  Hate, 
who  had  left  their  places  of  abode,  and  had  not  lince  vo- 
luntarily put  themfelves  into  the  power  of  the  king'n 
troops,  to  bring  anions  of  trefpals  againlt  any  pe-rfon  who 
had  occupied,  injured,  or  dellroyed  their  eltate,  either  real 
Qr  perfonal,    within  the  power  of  the  king's  troops,  or| 
againfl  perfons  who  had  received  or  purchafcd  fiieh  goodtaf 
or  effe<Ss  j    and  thiF  purchafers  of  property,   under  fales 
made  in  diltri£ts  occupied  by  tke  royal  army,  were  required  No.  17. 
to  reflore  and  deliver  up  the  fame  under  the  penalty  of  for- 
feiting treble  the  value  of  fuch  property,  fo  obtained,  and 
negle^ed  to  be  delivered  or  rellored ;  to  the  great  iuccn- 
venience  of  many  who  had  ufed,  pofteflV-d,  or  acquired 
real  and  perfonal  property,  under  the  fan<flion  of  the  only  ^ 
authority    e^cilling  in  the  diitric^s    wherein  the  property 
was  Atuated,  an  authority  juililied  by  the  laws  and  ulages 
of  nations,  and  confirmed  by  the  letter  and  fpirit  of  the  ^^ 
treaty  of  peace.     The  perfons  who  were  the  objects  of  * 
tltft  trefpafj»-law  Mlpre  Hill  more  oppreflcd  by  its  operation, 
in  confequence  of  a  fubfequent  act,  fufpending  profccuti-  No.  19. 
bns  for  ads  done  to  promote  the  American  caufe,  which 
was  manifeilly  levelled  at  the  friends  of  the  trown,  and 
deprived  them  of  the .  means  of  fatisfat^ion  for  thofe  adU 
of  outrage,  which  had  involved  them  in  lofs  and  ruin. 
And,  in  order  to  provide  for  the  enforcement  of  thefc 
trefpafs-laws  againit  abfentees,  the  remedy  of  attachnent  No.  xa. 
^gaiuft  abfconding  debtors  was  extended  to  the  recovery  of 
damages  fullained  by  the  injury,  deilrudiion  or  occupancy 
pf  real  or  perfonal  eftates  during  tlxc  war,  whereby  ab- 
fentees, though  in  a  Hate  of  legal  exile,  were  confidered  i 
as  al^fcpnding  debtors. 

3d.  iThe  fecuring  of  the  enormous  debt  due  from  tlic 
citizens  of  the  United  States  to  the  merchants  of  Gi^eat 
Britain,  being  an  obje£t  of  important  confideration  to  IJis 
nujefty's  government,  in  arranging  and  difculSng  the 
tttrms  of  the  treaty  of  peace,  was  cxprefsly  provided  for 
Mu  i|^  though  ilipulatioia  of  that  i^aturc  arc  ao:  uiudia 


m 


•   •• 


^JkppnnUix*  treaties  between  independent  natjons ;  as  the  engagement! 
^'  of  individuals  of  different  countries  ani»nnt  liable  tkithe 
intervention  of  partial  local  regulatloPR,  but  feft  upon  the 
facred  and  permanent  balls  of  univcrfnl  jnfti«r.  The  mag- 
nitude  of  this  objeA  cannot,  therefore,  be  better  afcertained, 
than  by  this  circumftance  ;  and  accordingly  a  folemn  and 
unequivocal  llipulation  was  introduced  into  the  treaty 
"  That  creditors  on  either  fide  fhould  meet  with  no  lawful 
"  impediment  to  ^he  recovery  of  the  full  valuf*  in  fterling 
**  money,  of  all  bona  fide  debts  heretofore  contrafted  ;" 
a  (lipulation,  as  precife  and  definite,  as  to  tlie  meafure  and 
,  mode  of  recovery  and  payment,  as  it  was  general  and  un- 

qualified In  refpeft  to  the  debts  to  be  recovered.  "  The  full 
"  value  in  ftcrling  money"  could  only  mean  tl'.e  value,  to 
be  afcertained  by  the  nature  and  terms  of  the  original  con- 
traft  between  debtor  and  creditor,  and  to  be  paid  in  fter- 

**  9  ling  money  according  to  the  rate  of  exchange  prevailing 

between  the  two  countries.  **  All  bona  fide  debts  hereto- 
fore contrafted"  comprehended  every  fpe  ".ltd  of  debt,  due 
to  the  creditors  on  either  fide,  contfB^ed  antecedent  to, 
and  which  remained  unpaid  at,  the  period  of  concluding 
«        •       the  treaty  of  peace. 

«  Hitherto  Great  Britain  has  anxioufly,  though  in  vain, 

expelled  from  the  United  States,  the  fulfilment  of  this 
article,  in  behalf  of  her  fiiffering  merchants  :  But  prohi- 
f  bitions  of  fuits  and  perfonal  difabilitics,  created  during 
the  wtr,  to  commence  adiions,  remained  unrepealed,  and 
have  been  protracted  to  periods  fubfequent  to  the  peace. 
4*  Afts,  too,  have  pafled  fince  the  peace,  fufpending,  for  a 
time,  the  recovery  of  debts  and  the  ifTuing  of  executions. 
Courts  have  been  authorized  by  law  to  dired  and  admit  the 
redudlion  of  intered ;  and  the  abfoIute^duiElion  of  inte- 
reft,  for  a  limited  number  of  years,  has  been  provided  for. 
Laws  which  exifted  before  the  war,  compelling  the  cre- 
ditors to  take  the  debtors'  land,  at  an  appraifed  value,  re- 
mained unrepealed,  notwithllanding  the  change  of  circum- 
ftances  in  the  two  countries  had,  in  fome  of  the  ftate 
courts,  tended  to  eftablifh  principles  of  alienage,  which 
have  been  carried  to  fo  rigorous  an  extent,  applied  to  Bri- 
tifh  fubjefts,  as  to  Infpire  doubts  of  their  competency  to 
acquire  or  hold  real  property  within  the  United  States. 
New  tender  and  valuation  laws  have  been  paded  fubfequent 
to  the  peace,  by  the  operation  of  which,  creditors  were 
reduced  to  the  alternative,  either  of  accepting,  und^  ]iirtial 
appraifements,  refulting  from  prefcribed  modes  of  vahia- 
t|Dn,  real  and  perfonal  property,  which  bore  no  proportion 
to  the  value  of  the  original  debt,  and  for  which  they  could 
command  no  price  whatfoever,  or  of  having  the  perfons  of 
their  debtors  proiedlcd  from  airefts,    or  difcharged  froni 


N«.i. 


Mo.9S» 


5>  »•         A 


Nn-io. 


%  Vo.  II. 


"» 


X2. 


No.  13. 
N(hl4. 


;.     * 


■*  » 


^ 


i>^. 
% 


neffid 


** 


^'  C    23    ] 

itions.    Briti«#  fubje^a  and  their  agents  were  com-  AppcndUfi 
pened  to  give  fccurity  to  pay  all  jull  debts  due  from  the  ^^  ^' 
irreditors  td%ny  citizen  of  the  ilate,  as  far  as  the  amount 
of  the  debts  to  be  collected,   before    any  debtor  could 
be  compelled  to  make  payment.     Paper  money  emitted 
and  made  current,  for  a  number  of  years,  was  cunllituted 
legal  tendcrfor  payment  and  difchar^^e  of  any  debt,  bar-  No.  16. 
gain  or  faleniond,  mortgage,  fpecialty,  or  contrail,  what- 
foever,  "  already  made  or  hereater  to  be  made,"  either  No.  17,  tS, 
for  ^erllng  moneys  fdvcr  money,  dollars,  or  any  fpccies  of  *'•  % 

gold  or  filver.    Inltalment  laws   have  paffcd,  reilraining,  jiju.  ;|o. 
fur  a  time,  the  commencement  of  fuits,    and  then  limit- 
ing the  modes  of  recovering  all   debts  due  previous  to  the 
month  of  February  1782,  and  of  obligations  taken  finee 
that  time  for  dcbis  prcviouHy  inclined,  to  three  annual  % 

payments,  of  one-third  of  the  principal   anJ  intcreil  in  * 

each  fuccefllve  year.  Thefe  rcRridions  and  limitations  No.  %x. 
were  afterwards  extended  to  all  debts  contradled  previous 
to  the  ill  of  January,  1787  ;  and  when  thefe  limitations, 
in  which  the  Britlfh  merchants  moft  patiently  and  benevo- 
lently acquiefced,  were  about  to  expire,  a  new  inflalment  No.  ax. 
law  was  pafTed,  protraAing  the  period  of  payments  five 
years  longer,  and  reftraining  the  recovery  even  of  bonds 
or  notes,  given  payable  according  to  the  inilalments  prc- 
fcribed  by  the  former  ads,  to  the  manner  directed  in  th« 
laft  inflalment  law.  % 

It  is  worthy  of  cbfervation  that  this  latter  inftalment 
law,  pafled  fubfequent  to  the  formation  of  the  Federal 
conlkitution,  wliich  ordains,  that  all  treaties  made,  or  which 
(hould  be  made,  under  the  authority  of  the  United  States, 
fhould  be  the  fupreme  law  of  the  land  ;  and  that  the  judg- 
es in  each  ftate,  (hould  be  bound  thereby,  and  every  fena- 
tor  and  reprefentative  of  the  United  States,  members  of 
the  feveral  (late  kgiflatures,  and  all  exe<:utive  and  judicial 
officers,  both  of  the  United  States  and  of  the  feveral  dates, 
were  to  be  bound  by  oath  or  affirmation  to  fupport  that 
conilitution. 

3d.  The  lall  point  of  difcuffion  relates  to  tht  decifions 
of  Hate  courts,  upon  queftions  affefting  the  rights  of  Bri- 
tifli  fubjcils  ;  in  refpedt  to  which  the  difpenfations  of  law 
have,  for  the  mod  part,  been  as  unpropitious  to  the  fub- 
jeds  of  the  crown  as  the  legiflative  ads  of  the  different 
a{fe1hl:^ies  tiir«>u:rhout  this  continent :  It  mull,  however,  be 
allowed  that  in  one  ftate  (Maifachufetts-Bay)  where  great 
property  was  at  Hake,  junice  has  been  liberally  difpenfcd, 
and,  hotwithibtnding  a  particular  regulation  of  the  ftate 
wan-anted  the  dcdudion  of  that  portion  of  the  intereft  on 
Britifli  debts  which  accrued  during  the  war,  the  courts,  in 
4conformit\  to  the  plain^ierms  of  thg  treaty,  have  admitted 

<•      ' 


%      ^. 


t^"? 


» 


r*- 


» 


:  % 


I 


llffendlz 


aiifl  tliVf^hd  t!ie  (]unntum  of  thcdftnandlo  he  rvgulatcd  bt* 
tlic  orlgin.'il  contra<:"l :  and  *'hcrc  the  cofttraft  bore  int|klt, 
or  the  oultom  of  the  trade  jullifitdtlje  charge,  the  full  Intc- 
reft  has  been  allowed  to  Dritifli  creditors,  notvvithftanding; 
the  intervention  of  war.  On  the  other  hand  it  h  to  be  la- 
mented, that  in  a  more  diftnnt  ftate  (Georgia)  it  was  a  re- 
ceived principle,  inculcated  by  an  opinion  of  the  higheft  ju- 
dicial authority  there,  thnt  as  no  legiflattre  a^  of  the  ilate 
exifted,  confirming  the  treaty  of  peace  with  Great  Britain, 
war  Hill  continued  between  the  two  countries ;  a  principle 
which  may  perhaps  ftill  continue,  in  that  ftate,  as  it  is 
out"  of  thofe  that  have  not,  to  this  moment,  paid  any  mu- 
nicipal regard  to  the  different  recommendations  ot  con- 
grcla  t(i  tlic  fevcral  legillattircs,  to  repeal  all  laws  inconfift- 
tnt  with  the  treaty  of  peace. 

The  decifujiis  of  the  ftate  ronrts  hnving  alTeftcd  tlie 
claims  jind  perfons  of  Britifli  fnbjef^s,  a  fliort  view  will  be 
taken  of  fome  of  the  moll  important  decifions,  under 
thi  I'c  two  heads. 

ill.  In  the  profccut-on  of  cTalms  inftitutcd  by  BritlHi 
merchants  for  debts  confniftod  previous  to  the  war,  proof 
of  the  ufage  of  the  trade  to  allow  intereft  after  t!ie  expirati- 
<•  1  of  a  year  on  the  amount  of  th**  goods  liiipped,  or  of  the 
fpecific  contraft  between  the  debtor  and  creditor,  has  been 
uniformly  eftabliHied  ;  the  full  value  of  the  debt,  to  be  re- 
covered, ought,  conlequently,  to  have  been  nothing  ftiort 
of  tht  debt  and  intereft  according  to  the  ufaj^e  of  the 
trade  or  to  the  terms  of  the  contraft ;  but  imder  the  di- 
reftion  of  many  of  the  courts,  juries  have  invariably  abat- 
ed intereft  on  the  Britifh  debts  for  feven  yenrs  and  a  half. 
Even  the  folemnity  of  obligations  has  not  been  found  of 
fufficient  force  to  fecure  the  creditor  from  this  deduction  f 

N0.S&3.  it  having  been  determined — ^that  obligations,  which  on 
the  face  of  the  contract  itfelf  bore  interclb,  were  upon  na 
better  footing,  in  this  refpedl,  than  booli-debts,  in  which 
the  intervention  of  war  and  the  prohibitory  refolves  of 
congrcfs  were  deemed  fufficient  grounds  to  deftroy  the 
ufage  between  the  Britifti  and  American  trader,  by  abat- 
ing the  intereft  for  the  period  the  war  continued — 
and  that  as  the  debtor  was  deprived  of  the  means  of  mak- 
ing payment,  unlefs  by  a  violation  of  a  pofitive  reftric- 

llfc  tive  lavy,  prohibiting  remittances  as  a  means  of  ftrengthcn- 

ing  the  enemy,  and  as  it  would  have  been  criminal  to  have 
remitted  during  the  war,  no  man  fliould  fuffer  for  lus  obe- 
dience to  the  laws,  or  be  anfwerable  for  the  intereft,  wh'de 
the  laws  of  the  land  reftraincd  him  from  remitting  the 
principal.  The  treaty  of  peace  too  has  been  considered  a^ 
having-  no  efle<^  upon  this  queftion,  it  having  been  held, 
k    ^       that  the  freaty  only  fecurcd  thq^  mutual  recovery  of  debts. 


Ntt.1. 


When  the  amount  was  afcertalned  ;  but  the  amonot  of  the  App^iidit    \ 

debb  Hvat  to  be  fettled  hy  the  lawi  of  the  land.  ^* 

'    In  one  ftaU,, particularly,  in  which  the  ckirh  of  intereft  No.  4* 

his  been  generally  involved  in  the  recovery  of  BritifK  debts, 

that  had  been  paid,  in  confequcnce  oflegiflatlveafts,  into 

the  ftate  treafUry,  the  fuperior  court  of  the  ftate  detd-min- 

ed  that  the  conftmdion  of  the  treaty  and  the  ads  of  the 

ftate,  entitled  .the  creditor  to  recover  the  prineipid  of  hia 

debt  and  all  Intereft  thereon,  which  had  not  arilen  during 

the  war,  and  that  as  hj  the  intervention  of  war,   the 

means  of  recovering  Britiih  debts  were  fufpcnded,    the  % 

claim  of  intereft,  during  the  fufpenfion,  was  inadmifllhle.  "^ 

It  was  admitted  that,  notwithftanding  the  payments  into 
the  treafury,  the  treaty  of  peace  reftored  the  right  of  8C< 
tion }  but  intereft  was  recoverable  only  from  the  date  of 
the  definitive  treaty.  ^ 

In  one  of  the  foutheni  ftates  (Virginia)  where  debts  to 
a  very  conflderable  amount  arc  depending,  the  foits  that 
have  been  inftituted  for  their  recov^'ry,  have  been  >.ferred 
to  the  ditlrid  courts  of  the  ftate,  ind  (ome  o^  the  caafes 
having  ftood  for  fevlrral  yeard  undtr  a  mere  form' J  continu- 
ance upon  the  recordsj  nave  been  adjourned^  for  difficulty» 
to  the  genehd  court j  whereiii  they  lOill  rema  u  lindeci.^d,  No.  j 
end  othetv,  it  is  faid,  have  been  actually  ^.ifmifled.  I  he 
delay  of  juftice,  operatincr  equally  as  a  denial  of  a'.iice* 
would  have  been  effettually  reformed  in  tha'  ^3\e,  by  the 
provifions  of  a  particular  law,  giving  fun.mar*  relief  in 
determining  difputes  vvherein  fubjefts  df  taofe  countrieff 
which  had  acknowledged  or  ftiould  hereafter  recognize  the 
independence  of  the  United  States,  were  parties  againft 
the  citizfils  df  that  ftate  ;  but  unfc^tunately  for  the  Bri« 
tifti  creditors,  upon  the  conclufion  of  peac,  it  was  fooil 
found  that  this  fummarv  relief  extended  to  Britifti  debts 
in  eomlnon  with  the  claims  of  other  foreigners,  whofe  fo- 
vereigns  had  recognized  the  independence  of  the  United 
States,  and  that  fome  of  the  judges  favored  the  idea ;  and  ^°]  t" 
fo  much  of  the  aft  as  pbints  out  and  authorizes  the  mode 
df  proceeding  in  fuits  wherein  fo«"i{irner8  were  parties;  ^s 
repealed,  and  at  this  moment,  r  v^  /iieans  of  recovery  oe- 
pend  folely  upon  limit:ttions  bnd  conditions  created  by  lo- 
cal regulations,  which  are  in  direct  oppofition  to  the  re- 
commendatory refolves  of  ccL^;Ter8,  and  palpable  infraftiona  |^ 
df  the  fourth  article  of  t^'    treaty  of  peace. 

The  few  attempts  lu  recover  Britiih  debts  in  the  coun- 
ty courts  df  that  ftatr\    have  univerfally  failed  ;  and  thefe  * 
are  the  Courts,  wherein,  5rom  the  fmallnefs  of  the  fuin,  a 
conflderable  number  of  debts  can  ouly  be  recovered. 

A  &rther  hardfliip,  under  which  the  BritifK  credltoris 
l&bour>  is,  that  th^  are  anfwerable  and  proceeded  againft;         ^    * 

.'Be  **^*' 


^^f^ 


t    26    3 

AfpiuJ^i  by  courfe  of  la^  for  every  claim  brought  affalnft  them  i 


Vo.i. 


^ 

ik 


K»  9> 


when  at  this  moment,  it  is  not  a  fettled  un 
even  the  federal  court,  in  that  diftn6l,  wUt 


joint,  whether  , 
entertain  in 
their  behalf,  fuits  to  which  that  jnrifdidUon  is  competent, 
the  circuit  court  of  the  United  States,  after  very  folemn 
argument,  having  adjourned  the  queftion. 

In  addition  to  thefe  obfervations,  it  is  neceflary  to  men- 
tion, that  in  fome  others  of  the  fouthem  Hates,  there 
does  not  exift  a  fmgle  inftance  of  the  recovery  of  a  Bri- 
tiHi  debt  in  their  courts,  though  fo  many  years  have  expir- 
ed fines:  the  ellablifhment  of*  peace  between  the  two  coun- 
tries. 

2d.  The  proceedings  of  the  ftate  courts,  upon  points 
which  affe^ed  the  perfoni  of  Britifh  fubje^»,  h  ve  been 
equally  repugnant  to  the  terms  of  the  treaty.  In  one 
ftate,  fuits  have  been  inftituted  under  the  a£ls  for  grant- 
ing a  more  eiFe£)|ual  relief  in  cafes  of  certain  trefpafTcs, 
for  the  recovery  of  damages  refulting  from  the  occupancy 
of  eilates,  held  in  diftridls  in  the  poffefiion  of  his  ma- 
jefty's  arms,  by  virtue  of  licenfe  and  permifHon  from 
the  commanders  in  chief;  and  though  the  licenfe  and  per- 
miflion  were  pleaded,  and  it  was  ftated  upon  the  record, 
that  after  the  declaration  of  independence  by  congrefs, 
there  was  open  war  between  the  two  countries,  that  tbe 
place  where  the  eiiates  were  fituate,  continued  in  the  un- 
interrupted pofTeffion  of  the  royal  army  during  the  whole 
period  they  were  occupied  under  fuch  licenfe  and  permif- 
fion,  and  as  long  as  the  fame  remained  in  force— that 
by  the  treaty  of  peace,  the  claim  which  the  fubje£b  or 
citizens  of  either  of  the  contracting  parties,  had  to  re- 
compenfe  or  retribution  for  injuries  done  to  each  other, 
in  confequence  of,  or  relating  to,  the  war,  were  mutu- 
ally relinquiHied  and  releafed ;  that  the  parties,  againft 
whom  the  fuits  were  inftituted,  were  i'ubjcdls  of  the  crownj 
refiding  in  a  diftri6l  occupied  by  the  royal  army,  where 
the  eftate  in  queftion  was  fituate,  under  the  prote^ion  of 
the  king,  then  at  war  with  this  country.  Thefe  pleas 
wSit  over-ruled  by  the  court,  as  infuificient,  and  da- 
mages have  been  awarded  againft  the  parties  for  the 
tln)e  the  eilates  were  fo  ocaipied  by  them,  to  the  great 
injury  of  numbei-%  who  had,  aiiring  the  war,  a<5lually  paid 
a  competent  rent  for  the  property  they  occupied  under  the 
authority  of  the  commander  in  chief.  ^ 

In  another  ftate,  an  indidmenthas  lately  been  preferreil 
againft  a  fubjeC^  of  the  crown,  for  the  murder  of  a  citi- 
zen of  the  United  States,  found,  under  fufpicious  clrcum- 
ftances,  wkhin  the  royal  L'nes.  Though  the  gprandjury 
did  nut  find  the  bill  of  indid^ment  againft  the  party,  as. 
the  fads  alleged  were  not  fufficiently  proved,  they  poft- 


«^.' 


** 


m 


ts  or 


n  of 
ileas 

da. 

the 
rcat 
)aicl 
[the 

.  *    * 

titi- 

im- 

iiy 

as. 


C    a?    J 

pon.ed  a  farther  enquiry  to  a  future  time,  to  give  the  profecutor  an 
opportunity  of  producing  farther  teftimony,  in  which  the  court  ac- 
qUiefced,  and  refufed  to  difcharge  the  prifoner,  obfervingf  when  th^ 
counfel  moved'^for  his  difcharge,  that  the  conimifllon  for  holding  the 
court  of  oyer  and  terminer  did  not  expire  for  fome  months,  and  the 
court  would  again  lit  before  the  period  expired.  The  prifoner  was, 
however,  admitted  to  bail,  upon  his  own  recognizance  in  £»  500, 
and  twofureties  in  £.  250  each ;  but  as  his  friends  doubted  the'dif- 
pofition  of  the  court  to  determine  according  to  the  terms  of  the  trea- 
ty, they  thought  it  more  prudent  to  fuffer  the  forfeiture  of  the  re- 
cognizances, than  to  put  his  life  again  into  jeopardy. 

In  that  ftate  alio,  adions  of  treipafs  have  been  inilituted,  for  tafi^ 
ing  and  driving  o£f  cattle  during  the  war,  converting  indictable  of- 
fences into  civil  fuits,  with  a  view  of  eluding  the  ftipulations  of  the 
treaty ;  but  with  what  fuccefs,  has  not  been  afcertaiiied. 

Upon  this  lail  head  of  arrangement,  it  is  only  neceflary  farther  to 
obferve,  that  the  profecutions,  in  the  cafes  fpecified,  are  all  dire&  afid 
pofitive  violations  of  the  6th  article  of  the  treaty  of  peace. 

From  the  foregoing  detail,  it  is  evident,  that  the  recommendations 
of  congrefs  to  the  refpedive  ftate  legislatures,  have,  in  fome  of  the 
ftates,  been  totally  difregarded,  and  in  none  have  produced  that  com- 
plete and  extenfive  cfFedt,  which  Great  Britain,  from  the  ftipulations 
of  the  treaty,  was  perfe^iy  juftifiable  in  expedting  and  requiring ; 
•that  fince  the  peace,  many  of  the  ftates  have  palfed  laws  in  dircft 
contravention  of  the  definitive  treaty,  and  effentially  injurious  to  the 
eftates,   rights  and  properties  of  Britifli  fubjedls,  in  whofe  favor  pre- 
cife  diftin^tiona  were  clearly  defined  and  exprefled  in  the  treaty — ^That 
although  fome  of  the  ftates  may  have  repealed  their  exceptionable 
.law9,  partially  or  generally,  yet,  in  a  majority  of  the  ftates,  they  ftill 
exift  in  full  force  and  validity — and  that  in  fome  of  the  ftate  courts, 
adlions  have  been  commenced  and  profecuted  with  fuccefs  againft  in- 
dividuals, for  the  part  they  had  taken  in  the  war;  which  adtions 
were,  in  their  origin,  pofitive  contraventions  of  the  6th  article  of 
the  treaty,    and    in    their  confequences,    materially   detrimental  to 
the  rights  and  property  of  many  fubjeds  of  the  crown  of  Great 
Britain.    In  confequence  of  the  violation  of  the  treaty  in  thefe  par- 
ticulars, great  numbers  of  his  majefty*s  fubje^ls  have  been  reduced  to 
a  ftate  of  penury  and  diftrefs,  and  the  nation  of  Great  Britain  hat 
been  involved  in  the  payment  to  them,  of  no  lefs  a  fum  than  four 
millions  ftcrling,  as  a  partial  compcnfation  for  tlie  loflfes  they  had  fuf- 
tained. 

It  is  further  manifeft,  that  the  ftipulation  in  the  4th  article  (^  tW 
treaty,  whici.  provides  for  the  recovery  of  the  debts  due  to  the  fuo- 
je£ls  of  the  two  countries  rcfpc<5livtly,  has  been  not  oply  evaded  in 
many  of  the  ftates,  but  that  municipal  regulations  have  been  eftab^ 
KHTcd  in  them,  in  a''owed  contravention  of  it — And  that,  in  many 
iaftances,  the  means  and  profpe£i  of  obtaining  redrefs,  are  nearly  as  ^ 
remote  as  ever ;  fince  in  one  ftate,  in  which  a  fum  far  exceeding  one 
trillion  fterling,  is  ftill  due  to  Britifh  creditors,  the  fupremc  fcdilvl 


■4. 

court  biu  thought  proper  to  fufpend,  for  many  monthsi  the  final 
judgment  on  an  a£lion  of  debt  brought  by  a  Britiih  creditor  }  ana 
iince,  in  the  fame  ftate,  the  county  courts  (which  alpne  can  take 
pognizance  of  debts  of  a  limited  amount)  have  uniformly  reje£led 
all  fuits  inftituted  for  the  recovery  of  fums  due  to  the  fubje^s  of  the 
crown  of  Great  Britain. 

The  delay  which  has  arifen  in  the  adminiftration  of  juftice,  ha^^ 
with  equal  propriety,  been  ftated  as  equivalent  to  an  infiradion  of  the 
treaty :  fori  by  the  effe^^  of  that  delay,  many  defcriptipns  of  his  ma- 
jefty*s  fubjei£ls  have  been  expofed,  not  only  to  material  inqonvenience, 
iput,  in  various  cafes,  to  the  ruin  and  abfolute  lofs  of  their  property. 

The  qondii^  of  Great  Britain,  in  all  thefe  refpefts,  has  been  widely 
differeiit  from  that  which  has  been  obferved  by  the  United  States.  In 
the  former  country,  the  legiflature  has  never  harboured  the  intention 
of  ena£^in£r  regulations  which  might  invalidate  a  national  compadl,  or 
.aiffeft  the  fapred  tenor  of  engagements  contracted  between  individuals. 
And  in  the  courts  of  law»  the  citizens  of  the  United  States  have  expe- 
rience^,  without  exceptjuii,  the  fame  protection  and  impartial  diflribu- 
tion  of  juftice,  as  the  fubjeCla  of  the  crown.  Examples  can  be  adduced 
of  judgment  having  been  giveii  m  favor  of  American  creditors,  to 
anions  of  debt  brought  even  <\gainft  loyalifts,  the  whole  of  whofe  pro« 
perty  had  been  feized  by  legiflative  a^s  of  the  ftates  in  which  it  was 
fituated,  and  apprgpriated,  in  the  firfl  inftance,  to  the  liquidation  of 
the  very  defcription  of  debts  for  which  thefe  fuits  were  commenced 
againil  theni  in  England. 

Such  is  the  nature  of  the  Ipecific  fa£%s  which  the  king,  my  mafter« 
has  confidered  as  infraCllons  of  the  treaty  on  the  part  of  the  United 
States,  and,  in  confequence  of  which,  his  majefty  has  deemed  it  expe- 
dient to  fufpend  the  fnll  execution,  on  his  part,  of  the  7th  article  of 
that  treaty.  Or\  this  head  alio,  it  is  neccflary  to  premife  the  following 
cvidetii  dtftiuclion:  That  the  king  has  contented  himf  If  with  a  mere 
furpenlion  of  that  article  (  f  the  treaty ;  whereas  the  Uni  ed  States  have 
not  ooly  witulicld  from  lubjcdts  of  the  crown,  that  redrefs  to  which 
they  were  entitled,  undtr  the  terms  of  the  treaty,  but  alfo,  many  of 
the  Hates  have,  fubiequc!il  to  ihe  peace,  pafied  new  legiflative  regu- 
lations, in  violation  of  the  treaty,  and  impofing  additional  hardfliips  on 
inc^ividuals,  whoni  the  national  faith  of  the  United  States  was  pledged, 
vnder  precife  aiid  folemn  ftipulations,  to  infurc  and  protedl  from  future 

"ij"y. 

On  the  grounds,  therefore,  of  the  irreparable  injury  which  many 
cdaHes  of  his  fubjedis  have  fuilained,  and  of  the  heavy  expcnfe  to  whicn 
the  Britifli  nation  has  been  fubjeCted  by  the  non>performance  of  their 
engi'gx'ments,  on  the  part  of  the  United  States,  the  meafure  that  the 
king  has  adopted  ^of  delaying  his  compliance  with  the  7th  article  of 
th<.  leaty)  is  perfeftly  juftifiable.  Neverthelefs,  his  majefty's  fincere 
dcilrj  to  remove  every  occafion  of  noifunderilanding,  has  induced  hina 
to  (lireCl  me  to  cxprefs  his  readlnefs  to  enter  into  a  negociation  with 
reir-'Ci  to  thofe  aiticles  of  tiie  treaty,  which  have  not  been  executed 
by  tlwi^twp  countries  refpeClively,  and  to  confent  to  fueh  arrangement^ 


kam 


of 
?ere 
nm 

Itcd 


t    *9    3  * 

upon  the  fubjeA,  as,  after  due  examination,  may  now  be  found  to  be 
pf  mutual  convenience,  and  npt  incopfiftent  with  the  juft  claims  {md 
rights  of  bU  fttbjefts. 

I  have  the  honor  tq  be. 

With  fincere  refpeft  and  efteem. 

Your  moft  obMient, 

And  mt  it  humble  fervant, 

GEO.    HAMMOND. 


APPENDIX      A, 
No.  I.  A£i  of  New  Hamp(hire,  to  confifcate  estates  of  Hindry  per* 
fons  therein  named — pafled  JiTovimber  a8,  1778. 

2.  A&.  of  MaiTachufettS'Bay,  to  prevent  the  return  of  certain  per* 
fons  therein  named,  and  others  who  had  left  that  ((ate  or  either  of  th^ 
United  States,  and  joined  the  enemies  thereof — ^pafled  in  1778. 

3.  A&.  of  Maifachufetts-Bay,  to  confifcate  the  eftates  of  certain  no* 
torious  confpirators  againft  the  government  and  liberties  of  the  inha* 
bitants  of  the  late  province,  now  ftate,  of  Maflachufctts-Bay— -paflfed 
in  1779. 

4.  A&.  of  Rhode  Ifland,  to  confifcate  and  fequefter  eftates,  and 
banifh  perli>ns  of  certain  defcriptions — ^pafled  Od^ober  1775 — Febru* 
ary,  March,  May,  June,  July,  Auguft,  Odober,  1 776. — Febniary  and 
OAober,  1778. — February,  May,  Auguft,  September,  OAober, 
1779. — July,  September,  Oflober,  1780. — ^January,  May,  1781. — 
June,  October,  November,  1782. — February,  May,  June,  Odober, 

'783- 

5.  A€t  of  Connecticut,  direCling  certain  confifcated  eftates  to  be 

fold-— Connecticut  laws,  fol.  56. 

6.  A&.  of  New  York  for  the  forfeiture  and  fales  of  the  eftates  of 
perfons  who  have  adhered  to  the  enemies  of  the  ftate — ^pafled  22  Oc- 
tober, 1779. 

7.  A^  of  New  York  for  the  immediate  fale  of  part  of  the  confif- 
cated eftates — ^pafled  March  10,  1780. 

8.  Aft.  of  New  York  approving  the  aft  of  congrefs  relative  to  the 
finances  of  the  United  States  and  making  provifion  for  redeeming  that 
ftate's  proportion  of  bills  of  credit  to  be  emitted — ^pafled  15  June, 
1780. 

9.  Aft  of  New  York  to  procure  a  fum  in  fpecic  for  the  purpofe  of 
redeeming  a  portion  of  the  biUs  emitted,  &c. — ^pafTed  7  Oftober, 
1780. 

10.  Aft  of  New  Jerfey  to  punifli  traitors  and  difaffefted  perfons— 
pafled  4  Oftober,  1776. 

1 1 .  Aft  of  New  Jerfey  for  taking  charge  of  and  leafing  the  real 
eftates,  and  for  forfeiting  perfonal  eftates  of  certain  fugitives  and 
offenders — pafled  April  18,  1778. 

1 2.  Aft  of  New  Jerfey  for  forfeiting  to,  and  vefting  in,  the  ftate,  the 
real  eftates  of  certain  fugitives  and  offenden-— paffcd  1 1  Decepiber, 
1778. 


■ri 


C    30    1 

* 

13.  AA  of  New  Jerfey,  fupplemental  to  the  z£i  (No.  10)  to  punifli 
traitors  and  difaffedled  perfoos — -pafled  0£tober  3,  1782. 

14.  Aft  of  Pennfylvani'a  for  the  attainder  of  divers  traitors,  and  for 
veiling  their  eftates  in  the  commonwealth,  if  they  render  not  them, 
felves  by  a  certain  day— 6  March,  1 77?. 

15.  Ad  of  Delaware,  declaring  eftates  of  certain  perfons  forfeited, 
and  themfelves  incapable  of  being  eledled  to  any  office— paffed  5  Fe- 
bruary, 1778. 

16.  A^  of  Mary'land  for  calling  out  of  circulation  the  quota  of  the 
ftate,  of  the  bills  of  credit  iflued  by  con^refs — O£lober,  1780. 

By  the  nth  fedion  of  this  a£l  peribns  indebted  to  creditors,  who 
had  not  become  Ijibj^fls  and  relddents  of  the  flate,  or  had  an  agent 
conftantly  refidiiig  within  the  ftate,  were,  under  certaiii  regulations, 
authorized  t^o  pay  thefe  debts' into  the  treafury  in  cert|un  Species  of  de- 
preciated paper  tnoiuey,  and  the  treafurer's  receipt  was  declared  good 
evideoice,  in  law  and  equity,  of  the  payment  of  fuch  debt. 

1 7.  A61  of  Maryland  to  feize,  confilqite  and  apprc^riate  all  Britifh 
property  v^ithin  the  Hate — ^pafled  October,  1780. 

18.  A^  of  Maryland  to  appoint  commilfibners  to  pr^erve  confif- 
cated  Britifli  property — ^pafled  October,  1780. 

19.  Ad  of  Maryland  to  procure  a  loan,  and  for  the  (ale  of  efcheat 
lands  and  the  coofifcated  ]Priti(h  property  therein  mentioaed-^pafled 
0£tober,  1780. 

20.  Ad  of  Virginia  for  fequeftering  Britifli  property,  enabling 
thofe  indebted  to  Britifli  fubjeds  to  pay  off  fuch  debts,  icc.-^pafled 
Odober,  1777. 

21.  Ad  of  Virginia,  concerning  efcheats  and  forfeitures  from  ]^ri- 
tilh  fubjeds — May,  1779. 

22.  Ad  of  Virginia,  to  amend  the  ad  concerning  escheats,  &c.. 
— pafled  May,  1779. 

,23.  Ad  of  Virginia  to  amend  th^  ad  (Concerning  ^ch^ts.and  for- 
feitures— ^pafled  Odober,  1779. 

24.  Ad  of  Virginia  to  adjuft  and  regulate  pay  and  account  of 
ofilcei's  of  Virginia  line — ^pafled  November,  17^1. 

25.  Ad  of  Virginia  for  providing  more  effcdual  funds  for  .redemp- 
tion of  certificates — pafled  May,  1782. 

26.  Ad  of  North  Carolina,  for  confifcatlng  the  property  of  all 
fuch  perfons  as  are  inimical  to  the  United  States,  &c.— >-pafled  No- 
vember^ 1 7  7.7  • 

27.  Ad  of  North  Carolina  to  carry  into  efled  the  UH  mentioned 
ad — ^pafled  January,  1779. 

28.  Ad  of  South  Carolina,  for  difpofing  of  certain  eftates  and 
banifhing  certain  perfons  therein  mentioned — -pafled  26  ]^ebruar}'t 
1782. 

29.  Ad  of  South  Carolina  to  amend  the  laft  mciUioned  ad  — paiTed 
16  March,  1783. 

30.  Ad  of  Georgia  for  infliding  penalties  on,  and  confifcating  ths 
eftates  of,  fuch  perfons  as  are  therein  declared  guilty  of  treafbn,  and 
jfor  other  purpoles  therein  mentioned — ^pafled  Mry  4,  1782. 


«!-: 


C   31    3 

31.  A&.  of  South  Carolina  to  veft  180  acres  0/  landf  late  prO' 
perty  of  James  Holmes,  in  certain  perfons  in  trufl  for  the  benefit  of 
a  public  fchool — ^pafled  15  Auguft,  1783. 

32.  A€t  of  Virginia  for  removal  of  feat  of  government — ^pafled 
May  felfion,  1779,  fee  No.  21. 

33.  A&.  of  New  Jerfey  to  appropriate  a  certain  forfeited  cftate— 
pafled  23  December,  1783. 

34.  A£t  of  Maiyland  for  the  benefit  of  the  children  of  major  An« 
drew  Leitch — 15  June,  1782. 


APPENDIX      B. 

No.  I.  AS.  of  Maflachufctts  in  addition  to  an  ad  made  and  paiTed 
the  prefent  year  (1784)  entitled.  An  Ad  for  repealing  two  laws  of 
this  ftate-opaffed  10  November,  1784,  fee  Appendix  C,  No.  2. 

2.  Ad  of  North  Carolina  to  fecure  and  quiet  in  their  poflfeflions 
all  fuch  as  have  or  may  purchafe  lands,  goods,  &c.  fold  or  hereafter 
to  be  fold  by  the  commiffioncrs  of  forfeited  eftates — ^pafled  Decem- 
ber 29,  1785. 

3.  Ad  of  North  Carolina  direding  the  fale  of  confifcated  pro- 
perty— ^pafled  Odober  feflion,  1 784. 

4.  Ad  of  Georgia  to  authorife  the  auditor  to  liquidate  the  de- 
mands of  fuch  perfons  as  have  claims  againft  the  confifcated  eitates— 
palfed  22  February,  1785. 

5.  Ordinance  of  South  Carolina  for  amending  and  explaining  tho 
confifcation  ad — pafled  26  March,  1784. 

6.  Ad  of  South  Carolina  to  amend  the  confifcation  ad,  and  for 
other  purpofes  therein  mentioned — ^pafled  March  22,  1786. 

7.  Ad  of  Georgia  releafing  certain  perfons  from  their  bargains, 
&c.-^paired  29  Jmy,  1783. 

8.  Ad  of  Georgia  to  compel  the  fettlement  of  public  accounts, 
for  infliding  penalties,  and  for  veiling  the  auditor  with  certain  pow- 
ers— ^pafled  10  February,  1787.  ' 

9.  Ad  of  Maryland  to  veft  certain  powers  in  the  governor  and 
council,  fee.  3d — ^paffed  November  feflion,  1785. 

10.  Ad  of  Maryland  to  empower  governor  and  council  to  com- 
pound with  the  difcoverers  of  Briti(h  property  and  for  other  purpofes 
— ^palled  November  feflion,  1788. 


A  P  P  E  N  D  I  X      C. 

See  Ads  of  Confifcation,  Banifhment,  &c.  referred  to  in  appendix  A. 

No.  I  to  30  inclufive. 
No.  I.  Ad  of  North  Carolina  of  pardon  and  oblivion— ^)afled 
April  fcflloo,  1788. 


I 


.  ••» 


4 


.* 


C   3»    3 

t,  A&.  of  Maflachufetti  Bay,  for  repealing  tv^  laws  of  the  (iati; 
lind  for  i'iTertine  the  rig^t  of  that  firee  and  fov^reign  communwealth 
to  exp^l  fuch  aliens  as  hiay  be  djingerous  to  the  peAce  and  good  order 
ofgovemmert — ^pafled  34  March,  1784. 

3.  A£)t  of  Georgia  foi*  kfcertaihing  the  rights  of  aliens,  and 
pointing  out  a  mode  for  the  admiffidii  of  citizens — ^paifed  7  Feb- 
rukly,  178;. 

4.  Aft  of  New  York  to  preferve  the  freedom  and  iddependence  of 
the  ftate,  and  for  other  purpufes  therein  mefitioned— pafled  i  i  May, 

5.  Aft  of  Virginia  prohibiting  the  migration  of  certain  perfons 
to  that  commonwealth,  and  for  other  pufpofes  therein  mentioned— 
paifed  Oftuber  feffion,  1783. 

6.  Aft  of  Virginia  to  explain,  afiiend  and  rediice  int(^  ofte  aft  the 
'(everal  afts  for  the  admiflion  of  emigrants  to  the  rights  of'  citizenfhipl 
and  prohibiting  the  migration  of  certain  pefions  to  that  comlnbnwealth 
— ^pafied  Oftober  feflion,  1786. 

74  Aft  of  North  Carolina  to  defcribe  and  af<5ertain  fuch  perfons 
tto  owed  alleffiance  to  the  ftate,  and  to  impofe  certain  difqualificati- 
x>ns  on  certam  perfons  therein  named— pafled  Oftober  feflion.  1 784: 

8.  Aft  of  North  Carolina  to  tf  mend  the  laft  meiltioaed  aft^ — ^paflie^ 
November  feffion,  1785. 

9.  Aft  Of  South  Carolina  reftoring  t6  certsiifi  perfons  their  eftateii 
and  for  permitting  the  iaid  perfontf  to  return,  and  for  other  purpofes-^ 
36  March,  1784. 

to.  See  appendijt  A,  Ko.  s8.  By  aft  of  26th  F^bruar}'-^  1782, 
penalties  of  confifcation  and  banlfliment  were  inflifted  on  certain  per- 
ibiis  defcribed  in  lifts  i,  2,  3,  4,  5,  and,  though  it  appears  by  the 
foregoing  aft,  that  the  perfons  named  in  lifts  No.  i,  i,  3,  wenf 
reftored  to  their  eftates  tinder  certain  aftHfrnents  aiid  lifnitatlond,  and 
permitted  to  rMum  and  refide  in  the  ftate  dbder  certain  difqualifi- 
eations,  the  pendtieS  of  the  aft  o(  26th  February,  1782,  ftill  |>re- 
vail  againft  thofe  perfons  mentioned  in  the  lifts  No.  4  and  5,  who' 
are  liable  to  fuffcr  death,  if  they  return  to  the  ftate  after  being  fent 
out  of  it.       « 

'  II.  Aft  of  Rhode  Ifland  to  fend  out  of  the  ftate,  N.  Spink  and 
Jn®.  Underwood,  who  had  formerly  joined  the  enemy  aud  were  re- 
turned into  Rhode  Ifland — ^pafled  May  27,  1783. 

1 2.  Aft  of  Rhode  Ifland  to  fend  William  Young,  theretofore  ba- 
niflied,  out  of  the  ftate,  and  forbidden  to  fetum  at  his  peril— pafled- 
8  June,  178.!^. 

1 3.  Aft  of  Rhode  Ifland,  allowing  William  Brenton,  late  an  ab- 
fentee,  to  vifit  his  family  for  one  week,  then  fent  away  not  to  return 
— ^pafled  June  1 2,  1783. 

14.  Aft  of  Rhode  Ifland  to  banifti  S.  Knowles  (whofe  eftatc  had 
been  forfeited)  on  pain  of  death  if  he  return— ■pafl':d  Oftober,  1783. 

15.  Aft  of  Pcnnfylvania,  to  attaint  Harry  GoHon,  unlcTs  he  fur- 
render  himfelf  by  a  given  day  (24  July,  1783)  an*?  the  feizure  of 


C     35     ] 

his  eftates  by  the  agents  of  forfeited  eftates  coufirmed— pafled  52 
January)  1783. 

Thit  ad|  pafled  after  the  proviiional  <irticles  were  figned*  and  the 
time  limited  for  the  furrender  of  Mr.  Gordon's  perfon  was  many 
months  after  the  account  reached  the  United  States  ;  part  of  Mr. 
Gordon's  real  ellate  was  fold  in  confequence  of  an  order  of  the  cxe- 
ctftive  council  of  Pennfylvania — made  in  the  year  1790. 

16.  Adl  of  New  York  for  granting  a  more  effeAual  relief  in  cafes 
of  certain  trefpafles — palTed  17  March,  1783. 

17.  Aft  of  Georgia  to  point  out  the  mode  for  the  recovery  of  pro- 
perty unlawfully  acquired  under  the  Britifh  ufurpation,  and  withheld 
from  the  rightful  owners,  and  for  other  purpofcs — pafled  1 7  February, 
1783. 

18.  Aft  of  New  York,  for  fufpending  the  profecutions  therein 
mentioned — pafled  2i  March,  1783. 

19.  Aft  of  New  York,  to  amend  an  aft,  entitled,  "  An  Aft  for 
relief  againft  abfconding  and  abfent  debtors,"  and  to  extend  the  re^ 
liiedy  of  the  aft,  entitled,  "  An  Aft  for  granting  a  more  efTeftual 
relief  in  cafes  of  certain  trefpafles,  and  for  other  purpofet  thercia 
mentioned — ^paffed  May  4,  1784. 


:;/ 


APPENDIX      D. 

No.  I .  Aft  of  North  Carolina,  for  eftablifhing  courts  of  law  and 
for  regulating  the  proceedings  therein.  Seft.  loi — ^pafled  November 
feffion,  1777.  ' 

2.  Aft  of  Virginia  for  direfting  the  mode  of  adjulling  and  fettling 
ihe  payment  of  certain  debts  and  contrafts — ^paflied  November  feflion, 
1781. 

3.  Aft  of  Virginia  to  repeal  fo  much  of  a  former  aft  as  fuf- 
pends  the  iAuing  executions  upon  certain  judgments,  until  December, 
4783 — paffed  May  fefilon,  1782. 

4.  Aft  of  Virginia,  to  amend  an  aft,  entitled,  "  An  Aft  to 
repeal  fo  much  of  a  former  aft  as  fufpends  the  ifliiing  es^ccutions 
on  certain  judgments,  until  December,  17 83," — palfed  Oftober  fef* 
fion,  1782. 

J.  Aft  of  Virginia,  to  revive  and  continue  the  feveral  afts  of  at 
fembly,  for  fufpending  the  ifluiqg  executions  On  certain  judgments/' 
until  December,  1783 — pafled  Oftober  feflion,  1783.. 

6.  Aft  of  Maryland  to  prevent  fuits  on  certain  debts  for  a  limited 
time — pafled  April  feflion,   1 782. 

7.  Ordinance  of  l^buth  Carolina  refpefting  fuits  for  the  recovery 
of  debts — pafled  26  March,  1784. 

8.  Aft  of  Connefticut,  relative  to  debts  due  to  perfons  who  have 
been  and  remained  within  the  enemy's  power  or  lines  during  the  l«te 
war— pafl"ed  May  fellioni  1784. 

Ff 


#^ 


C    J4    1 


9.  A^  of  MaQ'achufctts  Bay^  direding  the  julUces  of  the  courts 
of  judicature  to  fufpcnd  rendering  judgment  for  any  intereft  that 
tnight  have  accrued  between  the  igth  April,  1775,  and  the  soth  Ja- 
nuary, 1783    on  debts  due  to  Britiih  fubjcda — paffed  9  November, 

t784.  ^ 

10.  Old  ad  of  Maryland. 

{Cafe  of  Thomal)  Harrifons's  reprcfentativcs,  in  the  chance* 
ry  court  of  Maryland. 
Cafe  of  Bayard  and  Singleton,  decided  in  North  Carolina^ 

1 2.  A&.  of  Rhode  Ifland  to  enable  any  debtor  in  gaol  on  execu- 
tion at  the  fuit  of  any  creditor,  to  tender  real,  or  certiun  fpeci/io  ar- 
ticles of  perfonal,  eftate*^pafl*ed  March,  1 786. 

13.  A61  uf  New  Jerfey,  to  dire£^  modes  of  proceeding  on  writs 
of  tieri  facias,  and  for  transferring  lands  and  chattels  for  payment  of 
debts — 23  March,  1786. 

14.  A€t  of  South  Carolina,  for  regulating  fales  under  executions, 
and  for  other  purpofcs  therein  mentioned— pafTed  12  06tobcr,  1785. 

1 5.  A&.  of  Maryland  for  the  fettlefflent  of  public  accounts,  and 
to  appoint  perfons  to  colled  the  debts  diie  to  perfons  convided  of 
treiifon  and  for  a  fpeciBC  performance  of  certain  contra£U  made  by 
Britifh  fubjeds  previous  to  the  revoltttion— pafled  November  feffion, 
1786. 

16.  A£b  of  Rhode  Ifland  of  May  and  June,  1775,  of  January, 
July  and  September,  1776,  of  February,  1777,  and  of  May,  1786. 

1 7.  A£t  of  New  Jerfey,  for  mak^'iig  bills  emitted  by  the  a£t  for 
raifing  a  revenue  of  j^.31^9.  5.  per  annum  for  25  years,  legal  ten- 
der— ^pafled  I  June,  1786. 

18.  A£t  of  New  Jerfey  for  ftriking  and  making  current/'.  100,000 
in  bills  of  Credit,  to  be  let  out  on  kNin— -pafled  26  May,  1 786. 

19.  Ad  of  Georgia  for  emittiinr  the  fttm  of  ;^.  50,000  in  bills  of 
credit,  and  fot  eftabhfhing  a  fund  for  the  redemption  amd  for  other 
purpofes  therein  mentioned-^pafl&'d  14  Augufl,  1786. 

20.  Ordinance  of  South  Carolina,  rcfpcding  fuits  for  the  recovery 
of  debts — ^pafl*ed  26  March,  1784.      . 

21  Ad  of  South  Carolina,  to  regnlate  the  recovery  and  payment 
of  debts,  and  prohibiting  the  importation  of  negroes,  &c.— pafil^ 
s8  March,  1787. 

-.'.  Ad  of  South  Carolina,  to  regulate  the  payment  and  Recovery 
of  debts,  and  to  prohibit  the  importation  of  negroes  for  the  time 
thaeia  limited-^— -pafied  4  November,   1 788. 


A  P  P  E  N  D  I  X      E. 

No.   I.  Cafe  of  Wilb'am  Neale's  executors  againlt  Comfort  Sands 
■r— dtcided  in  the  fupreme  court  of  New  York. 

2.  Cafe  of  Ofl}orne  agaitift  Mifflin's  executors— -decided  in  the  fu- 
preme court  of  Pcnnfylvania. 

3.  Cafe  of  liuaic  againft  Allen-Decided  in  the  fame  courts 


C    35    ] 

4.  Cafe  of  Stfwardfon,  adminiftrator  of  MOdred  againft  Dcrrey— r 
decided  in  the  general  court  of  Maryland. 

5.  A&.  of  Virginia,  for  the  protc^ion  and  encouragement  of  the 
commerce  of  nations  acknowledging  the  independence  of  the  United 
States  of  America— -OAober  femon,  1779. 

6.  A&.  of  Vimnia,  to  repeal  part  of  an  a£t  for  the  prote^^ion  and 
encouragement  of  the  commerce  of  nations  acknowledging  the  inde- 
pendence of  the  United  States  of  America— pafled  jpecembcr  31, 
1787. 

7.  AA  of  Virginia,  to  repeal  fo  much  of  all  and  every  aA  or  ads 
of  aflembly  as  prohibits  the  recovery  of  Britith  debts — paifcd  1 2 
December,  1787. 

8.  Cafe  of  Rutgers  againfl  Waddington— derided  in  the  mayor's 
court  of  New  York. 

9.  Cafe  of  John  Smith  Hatfield,  at  a  court  of  oyer  and  terminer, 
hel4  at  Bergen,  in  the  ftate  of  Ne\Y  Jerfey — ip  Augiift,  1789, 

^f'  ^'ff^^f^x  Secretary  of  State  of  the  United  States^  to  Mr.  Hammond, 
M'mifler  PUni/foterttiarj  of  Great  Britain. 

Philadelphia,  March  30th,  1792. 
Sir, 

A  CONSTANT  courfe  of  bufinefs  has,  as  yet,  put  it  out  of  my 
power  to  prepare  an  anfwer  to  your  letter  of  the  5th  inlK  }n 
the  mean  time  I  have  been  taking  meafures  to  procure  copies  of  the 
feveral  a£b  therein  complained  o^  that  I  might  fave  you  the  trouble 
of  producing  proofs  of  them.  My  endeavours  have  failed  in  the  in- 
(lances  below  cited,  of  which,  therefore,  I  am  conftrained  to  aflc  you 
to  fumiih  the  documents.  I  have  prefixed  to  them  your  own  marks  of 
reference,  that  you  may  the  more  eafily  find  them.  I  beg  you  to  be 
afTured  tb!;t  I  woidd  not  have  given  you  the  trouble  to  produce  any 
roofs  which  I  could  have  obtained  myfelf }  and  I  hope  it  will  bs 
vonfidered  as  an  evidence  of  fhis,  that  the  lift  fubjoined  is  only  of 
13  out  of  94  numbers  which  your  appendix  fpecifies.  Of  all  the  relt 
I  either  have,  or  expert  copies^  in  confequence  of  the  meafures  I  have 
taken. 

I  have  the  honor  to  be,  with  the  moft  per(eft 
efteem  and  refpe6l.  Sir, 

Your  moft  obedient  and  moft  humble  Servant, 

TH.  JEFFERSON. 

A.     4.  A^  of  Rhode  Ifland  to  confifcate  and  fequ^fter  eftates  and 

banifti  perfons  of  certain  dcfcriptions,  pafled  OAobdr  1775. 

February,  March,  May,   June,  July,    Auguft,  Odlober, 

1775.  February,  May,  June,  Oftober,  1783. 

€.    II.  A^  of  Rhode  Ifland  tu  fend  out  of  the  ftate  N.  Spink  and 

John  Underwood. 

12.  Dittp,  to  fend  Wm.  Young  theretofore  banifhed  out 

of  the  ftate,  &c. 

13.  Ditto,  allowing  Wng^  Brenton  to  viik  his  funilyi  ^.^. 

14.  Ditto,  to  banini  S.  Knowles.  &c. 


C   36   1 

P,   10.  Old  AA  of  Maryland. 

'       16.  Adt  of  Rliode  Kland  of  May,  1786. 

£.     i,  2,  3*  4»  8,  9.  The  cafies  of  Neale's  executors  v.  Cpn^fort 

Sanda.— Ofborne  v.   Mifflin's  executors. — 
Hoare  v.  Allen. — Stcwardfoji  v.  Dorfcy.— 
Rutgers  v.  Waddington. — John  Smith  Hat- 
field. 
The  records  of  tbefe  cannot  be  difpenfed  with. 


Mr.  Hammondj  Mini/ltr  Plenipotentiary  of  Great  Britain^  to  Mr,  Jef- 
ferfoitf  Secretary  of  State  of  the  United  States. 

Philadelphia,  April  6th,  1792. 
Sir, 

I  HAVE  been  fo  much  engaged  for  the  lad  five  or  fix  days,  that 
I  have  not  had  it  in  my  power  fooner  to  acknowledge  the  receipt 
of  your  letter  of  the  30th  March — I  have,  however,  now  the  honor 
of  fubmitting  to  your  confideration,  fome  few  remarks  on  the  feveral 
ipoints  cbntaiihed  in  my  ftatement,  of  which  you  require  an  cxpl^- 
nation. 

\Vith  refpe£l  to  the  laws  of  Rhode  Ifland,  they  are  fo  blended 
Hvlth  the  journal  of  the  general  proceedings  of  the  legiflaturc  of  the 
Aate,  that  it  was  a  matter  of  fome  difficulty  to  feparate  the  legiflative 
ads  from  the  other  tranfadions  of  the  afGeinbly — I  therefore  cannot 
but  regret  that  in  fcUdling  thefe  inftances,  J  could  make  a  reference 
only  to  t  he  dates  of  the  paiticular  yeavi  in  whicli  they  were  pafled — 
thcfe  lail  will,  I  truft,  upon  recurring  to  the  poIIe£kion  of  the  laws 
of  Rhode  Ifland  (which  hook  is  no  longor  in  my  poITefllon)  be  founl 
to  be  faithfully  uated— By  the  exprefilpn,  the  old  jIH  of  Maryland^ 
I  meant  to  combine  the  ftatute  of  the  5th  of  George  the  lid.  (de- 
claring lands  in  the  plantations  to  be  perfonal  e'^atc  for  the  payment 
of  debts  due  to  Britiih  merchants)  with  the  ad  of  aflembly  of  that 
ftate  of  1 7 16,  ch.  XVI.  fed.  2.  (pointing  out  the  mode  of  .ip- 
prai Cement  and  delivc'\y  of  the  debtor's  lands  in  common  with  his 
perfonal  property) — Thisftatute  and  colonial  law  have,  I  undcrftand, 
been  aded  upon  in  the  ftate  courts  of  Marj'laiul,  fince  the  eftablidi- 
ment  of  its  independence,  but  from  the  ftrid  application  pf  the  princi- 
ple of  alienage,  mentioned  in  the  text  to  which  this  note  refers, 
Britiih  creditors  are  incompetent  to  the  holding  of  real  cftates,  af- 
figned  under  thefe  valuation  laws,  in  payment  of  their  debts. 

All  the  cafes  to  which  you  have  alluded  (excepting  that  of  Rut- 
gers V.  Waddington,  which  was  printed  at  New  York )  have  been 
coUeded  from  the  manuicript  notes  of  a  friend|  and  I  have  no  doubt 
of  their  being  accurately  reported  — I  wifh  it  were  in  my  power  to 
furniih  you  with  the  records  of  them,  but  I  beg  leave  to  fuggeil 
to  you,  fir,  with  the  utmoft  deference,  whether  thofe  documents 
could  not  be  obtained  on  application  to  the  courts  of  the  ftates,  in 
which  the  adions  were  tried,  or  the  reports  be  fupplied  by  the  gen- 
tlemen of  the  law,  employed  io  the  feveral  fuits. 

Should  this  explanation  not  be  fatisfadory  to  you,  fir,  I  w^l  cer-- 
tainly  endeavour  to  obtain  fome  farther  information  upon  the  feveral 


r  S7  1 

Bointt  to  which  you  have  referred,  as  after  the  very  pohte 
iwd  obh'ging  manner,  in  which  you  have  been  pleated  to 
exprefs  your  defire  of  faving  me  trouble,.!  certainly  feel 
it  an  a£^  of  reciprocal  attention  due  from  me  to  facilitate, 
by  all  the  means  in  my  power,  your  inveftigatioa  of  any 
part  of  the  (latement  which  1  delivered  to  you. 

I  bav    the  honor  to  be,  with  perfedl  refpefl 
and  cAeem,  &c. 

GEO.   HAMMOND. 


jtfr.  Jefftrfotit  Seenlary  of  State  cf  the  United  States ^  to  Mr. 

Hammond f  AUni/itr  Plenipotentiary  of  Great  Britain.  i 

Sir, 

YOUR  favor  of  March  5th,  has  V»ecn  longer  unanfwer- 
ed  than  confided  with  fny  wifhes  to  fonvard,  as  much 
as  poflible,  explanation^  of  |be  feveral  matters  it  contained. 
But  thefe  matters  were  very  various,  and  the  evidence  of 
|hem  not  eafily  to  be  obtained,  even  where  it  could  be  ob- 
tained  at  all.  It  has  been  a  work  of  time  and  trouble,  to 
collect  fiom  the  different  ilates,  all  the  a6^s  themfelves,  of 
which  you  had  cited  the  titles,  and  to  invclligate  the  ju> 
diciary  decifions  which  were  clafled  with  thofe  ads,  as  in* 
fractions  of  the  treaty  of  peace.  To  thefe  caufcs  of  delay 
jnay  be  added,  the  daily  duties  of  my  office,  necefTarily 
multiplied  during  the  fefllons  of  the  legiflature. 

Scdion  I.  I  can  afTure  you  with  truth,  that  we  meet 
you  on  this  occafion,  with  the  flncereft  difpofitions  to  re* 
move  from  between  the  two  countries,  thofe  obilacles  to 
a  cordial  friendfliip,  which  have  arifcn  from  an  inexccu- 
tion  of  fome  articles  of  the  treaty  of  peace.  The  defirc 
entertained  by  this  country,  to  be  on  the  befl  terms  with 
yours,  has  been  conflant,  and  has  manifcflcd  itfelf  tltrough 
its  different  forms  of  adminiilration,  by  repeated  overtures 
to  enter  into  fuch  explanations  and  arrangements,  as  fhould 
be  right  and  neceffary,  to  brine  about  a  complete  execu- 
tion of  the  treaty.  The  fame  difpofitions  lead  us  to  wi(h, 
that  the  occafion  now  prefented,  fhould  not  be  defeated 
by  ufelefs  recapitulations  of  what  had  taken  place  anterior 
to  that  inilrument.  It  was  with  concern,  therefore,  I  ob- 
fcrved  that  you  had  thought  it  neceffary  to  go  back  to  Proeeed- 
thc  very  commencement  of  the  war,  and  in  Icveral  parts  i"R'  V^°' 
of  your  letter,  to  enumerate  and  comment  on  all  the  a£ts  *°  *"**▼• 
«f  our  different  legiflatures,  pafTcd  during  the  whole  courfe 
of  it,  in  order  to  deduce,  from  thence,  imputations  which 
your  juflice  would  have  fuppreffed,  had  the  whole  tnith 
been  prefented  to  your  view,  inflead  of  particular  traits, 
detached  from  the  ground  on  which  they  flood.  However 
eafy  it  would  be  to  juflify  our  country,  by  bringing  into 
view,  the  whole  ground,  on  bioth  fides,  to  fhow  that  legUla- 


C   38   3 

rroceedinp  tive  warfare  began  with  thf  Britilh  parliament,  that  whet 
Swit  *"  *^^  leTclled  at  perfons  or  property,  it  was  againft  entire 
towns  or  countriei,  without  difcrimination  of  caufc  or  con- 
du^,  while  we  touched  indtviduali  only;  naming  them 
man  by  man,  after  due  confideration  of  each  cafe,  and 
careful  attention  not  to  confound  the  innocent  with  the 
guilty ;  however  advantageoufly  we  might  compare  the 
diftant  and  tranquil  fituation  of  their  legtflatiire,  with  the 
fccnes  in  the  midft  of  which  ourt  were  obliged  to  legiflate, 
and  might  then  alk,  whether  the  difference  of  circumftance 
and  fituation  would  not  have  juftihed  a  contrary  difference 
of  condu£^,  and  whether  the  wonder  ouffht  to  be,  that 
our  legiflaturcB  had  done  fo  much,  or  fo  little  ?  We  will 
wave  all  this,  bccaufe  it  would  lead  to  recoUefkions,  a^ 
unprofitable  as  unconciliating.  The  titles  of  fome  of  your 
ads,  and  a  fingle  claufe  of  one  of  them  only,  (hall  be 
thrown  among  the  documents  at  the  end  of  this  letter 
No.  1,  2.  (No.  I,  ^.)  and  with  this,  we  will  ifop,  forever,  the  cur- 
tain on  this  tragedy  I 

Se6l.  2.  We  now  come  together  to  confider  that  inftni- 
ment  which  was  to  heal  our  wounds,  and  begin  a  new 
chapter  in  our  hiftory.  The  ftate  in  which  that  found 
things,  is  to  be  confidered  as  rightful :  fo  fays  the  law  of 
nations.*  "  L'Etat  ou  les  chofes  fe  trouvent  au  moment  da 
traitd  doit  paffer  pour  legitime  {  et  fi  I'on  vent  y  apporter 
du  changement  il  faut  que  le  traits  en  faffe  une  mention 
exprefle.  Par  confequent  toutes  les  chofes  dont  le  traits 
ne  dit  rien,  doivent  demeurer  dans  I'etat  oiH  elles  fe  trouvent 
lors  de  fa  conclufion."  Vattel,  1,  4.  f.  ai.  "  Pe  quibiis 
nihil  di6him,  ea  manent  quo  funt  loco."  Wolf,  1222.  No 
alterations  then  are  to  be  claimed  on  either  fide,  but  thofe 
which  the  treaty  has  provided.  The  moment  too,  to 
which  it  refers,  as  a  nile  of  condu£l  for  this  country  at 
large,  was  the  moment  of  its  notification  to  the  coimtry 
at  large.f  Vattel,  1.  4.  f.  24.  **  Le  trait^  de  paix  oblige 
les  partUs  contraSantes  du  moment  quMl  eft  conclu  auflit6t 


•  "  The  Jlate  in  which  things  are  found  at  the  moment  of 
the  treaty y  Jhould  be  confidehd  at  lawful^  and  if  it  it  meant  to 
make  any  change  in  it,  the  treaty  muji  exprefsly  mention  it, 
Confequently  all  things  cAout  vt^ch  the  treaty  is  JiUnt,  mtt/l 
remain  in  the  flate  in  which  they  are  found  at  its  conciafion.** 
Vattel,  1.  4f.  21. 

"  Tho/e  things  of  which  nothing  is  fdid%  remain  in  thejiate. 
iu  which  they  are.^*     Wolf,   1222. 

\  Vattel,  1.  4.  f.  24.  "  The  treaty  of  peace  hinds  the 
contra£ling  parties  from  the  moment  it  it  concluded^  as  foon 
as  it  has  reuived  its  iffhole  fahnt  and  they  ought  immediately 


t    39    ] 

qu'il  «  rcfu  toute  f^  formr;   ct  cUci  doivcnt  procurer  Pmceedinii 
inccflammrnt  I'exccuton-— uiiimce  irtilc  n'oblige  Id  fujhi  P'*"*"** 
que  du  moment  qu*il  Iciir  eft  notifi^"— «nd  te^.  15:  **  Lc  ^^^  ^' 
inM  dcvicnt  par  la  fuhhtatiomt  une  loi  pour  let  fui^  ct  ili 
font  obliges  de  fe  conformer  deforroaM  aux  dtfpofltiont 
dont  on  y  eft  convenu." — And  another  author  u  pointedly 
fayst  **  Pa£iio  pacit /«rf/?tffi/M  ftaiim  obligatqiumprimum 
perfeBat   cum  ex  pa<:^o  veniat  obli|^io.     bubditot  vero 
ct  militM,  quam  pnmum  iifdem  fnent  pMitata  t  cum  de  ei 
aalepaitHatiomm^Jucertocoi^twtnonMjitt**  Wolf»f.  laap. 
It  waa  ftipubted,  indeed»  b}  the  IXth  article,  that  "  if 
before  its  arrival  in  America,"  any  place  or  territory  be- 
loDginff  to  either  party  (hould  be  cooqurred  by  the  anna  of 
the  other,  it  fliould  be  reftored.     Thit  wa»  the  only  cafe 
in  which  tran(a£liona  intervening  between  the  fignature 
and  publication  were  to  be  nullified. 

Congrefs,  on  the  24th  of  March,  1783,  received  infor- 
mal intelligence  from  the  Marquis  de  la  Fayette,  that  pro> 
vifional  articles  were  concluded;  and  on  the  fame  day, 
they  received  a  copy  of  the  articles,  in  a  letter  of  March 
19th,  from  General  Carleton  and  Admiral  Digby.  They  g^nmnJt 
immediately  gave  orders  for  recalling  all  arme4  veftels,  and     "'  ^' 
communicated  the  orders  to  thofe  ofiicers,  who  anfwered, 
on  the  a6th  and  27th,  that  they  were  not  authorized  to  I^ocunMnt 
concur  in  the  recal  of  armed  veflels,  on  their  part.     On     **'  **  ^' 
the  nth  of  April,  congrefs  receive  an  official  copy  of  Journal 
thefe  articles  from  Dr.  Franklin,  with  notice  that  a  preli-  <»»('«*'• 
minary  treaty  was  now  figned  between  France,  Spain,  and 
England.     The  event  having  now  taken  place  on  whictt 
the  provifional  articles  were  to  come  into  effefk,  on  tb« 
ufual  footing  of  preliminaries,  congrefs  immediately  pro- 
claim them,  and  on  the  19th  of  April,  a  ceffation  of  ho- 
ftilities  is  publiflied  by  the  commander  in  chief.     Thefc 
particulars  place  allays  preceding  the  i ith  of  April,  out 
of  the  prcfent  difcuffion,  and  confine  it  to  the  treaty  itfelf, 
and  the  circumftances  attending  its  execution.     I  have, 
therefore,  taken  the  liberty  of  extracting  from  your  lift  of 
American  a£ks,   all  thofe  preceding  that  epoch,  and  of 

/o  have  it  executed,~—But  ib'u  treaty  does  not  bind  the  fubjc£%s, 
but  from  the  moment  it  is  notyied  to  them."  jlnd^  fe6l.  z^. 
"  The  treaty  becomes t  by  its  publication,  a  latu  for  the  fnb^ 
jflfs,  and  they  are  obRgedf  thenceforward,  to  conform  them- 
felves  to  the  fiipulations  therein  agreed  on.** 

*'  The  fusion  of  the  peace  binds  the  contra^ors  immedi- 
atefy  as  it  is  perfect,  ^nce  the  obligation  is  derived  from  the 
paQ  ;  but  the  fubjeds  and  foldiers  as  foon  as  it  is  publiihed  to 
them}  fince  they  cannot  have  certain  evidenc::  uf  it  before 
its  publication.''    Wolf,  f,  1229^ 


I  Ai>  i 


Exile  and 

Confifca- 

Uon. 


Rightful 


Ifa  6.  thf^wing  them  together  in  the  paper,  No.  6,  as  thin^  out 
of  queftion.  The  fubfequent  adts  (hall  be  diltributed,  ac- 
cbrding  t6  their  feveral  fubjedls  of  I.  Exile  and  Conhfca- 
tion.  II.  Debts,  and  III.  Intereft  on  thofe  debts.  Be* 
ginning  I.  with  thufc  of  exile  and  cdniifcation,  which 
will  be  confidered  together,  becaufe  blended  together  in 
moil  of  the  a6ts,  and  blended  alfo  in  the  fame  article  ot 
the  treaty. 

Se^.  3.  It  cannot  be  denied  that  the  ftate  of  war  ilriflly 

adEiof  war.  permits  a  nation  to  fcize  the  property  of  its  enemies  found 
within  its  own  limits,  or  taken  in  war,  and  in  whatever 
form  it  e](iU?,  whether  in  a£lion  or  poflefllon.  This  is  fo 
perfpictioufly  laid  down  by  one  of  the  mod  refpe^able 
writers  on  fubjefls  of  this  kind,  that  I  Aiall  ufe  his  words. 
**  *  Cum  ea  fit  belli  conditio,  ut  hoiles  fint  omni  jure 
fpoliati,  rationis  eft,  quafcunque  res  hoilium,  apud  hoftes 
iiiventas  dominum  mutare,  et  fifco  cederc.  Solct  practerea 
in  fingulis  fere  belli  indiflionibus  conftitui,  ut  bona  hollium, 
tam  a^ud  not  reperiUy  quam  capta  belto  publicentur.  Si 
merum  jus  belli  fequamur,  ctiam  humobHia  pofient  vendi, 
et  eorum  pretium  in  fifcunl  rcdigi,  ut  in  mobilibus  obcinet. 
Scd  in  omni  fere  Europa  fola  fit  annotatio,  ut  eorum 
fruflus,  durante  bello,  percipiat  fifcus,  finito  autem  bello* 
ipfa  immobilia  ex  pa6ti&  reftituuntur  priltinis  dominis."  Byn> 
kerfh.  Ouell.  Jur.  Pub.  1  I.  c.  7.  Every  nation,  indfcedj 
would  wiih  to  purfuc  the  latter  practice,  if  under  cifcum- 
itances  leaving  them  their  ufual  refources.  But  the  cir- 
cumllances  of  our  war  were,  without  exampT.e,  cxclnded 
iVum  all  commerce,  even  with  neutral  nations ;  without 
arms,  money,  or  the  means  of  getting  them  abroad,  we 
were  obliged  to  avail  ourfelvcs  of  fuch  refuurces  as  we 
found  at  home.  Great  Britain  too,  did  not  conlider  it  as 
ail  ordinary  war,  but  a  rebellion  ;  (he  did  not  condudl  it 
according  to  the  rules  of  war,  eilablifhed  by  the  law  of 
nations,  but  according  to  her  ads  of  parliament,  made 

*  "  Since  it  if  a  condition  of  war,  that  enemies  ttiay  bt  de- 
prived of  all  their  rights  ^  it  is  reafonable  that  every  thing  of  an 
enemy's  found  among  his  enemies ^  fhould  change  its  owner ^  ami 
go  to  the  treafury.  It  is  n  oreover  ufually  direcled^  in  all  decU- 
nitions  of  ivar^  that  the  goods  of  enemies ^  as  well  thofe  found 
among  U3,  as  thofe  taken  in  war^  Jball  he  conftfcatedt  if  lue 
follow  the  mere  right  of  war^  even  immoveable /ro^r/y  may 
he  fold.,  and  its  price  carried  into  the  treafury,  as  is  the  cujlom 
with  moveable  property.  But  in  almofl  all  Europe^  it  is  only 
notified  that  their  pri.jts.,  during  the  war^  fhall  be  received  by 
thj  treafury  f  and  the  war  being  ended^  the  immoveable  property 
itfelf  is  njloredy  by  agreement^  to  the  former  ctLHer."  Bynk. 
Quell.  Jur.  pub.  1.  I.  c.  7. 


fro 
adr 


rea 


C    4«     ] 


from lime  to  time,  to  fuit  circumftances.  She  wowld  not  Exile  and 
admit  our  title  even  to  the  JiriS  rights  of  ordinary  war.  Siu-  [jon*^**^^** 
cannot  then  claim  from  us  its  liberalitlet ;  yet  the  confifcj<  . 

tions  of  property*  were- by  no  means  univerfal,  and  that  of  actjotwar 
debts  dill  lefs  fo.    What  efftd  was  to  be  produced  on  them 
by  the  treaty,  will  be  feen  by  the  words  of  the  Vth  article, 
which  are  as  follows. 

SeA.  4.  Article  Vth.  It  is  agreed,  tliat  the  congrcfs  fliall 
earnettly  recommend  it  to  the  Icgidatures  of  the  refpcdtivr 
dates,  to  provide  for  the  rediiution  uF  all  citates,  rights 
and  properties,  which  have  b^en  confilcated,  belonging  to 
real  Britiih  fubjedts,  and  alfo,  of  the  ellatcs,  rights,  and 
properties  of  perfons  refident  in  dillrids  in  the  poflcfliDn  of 
his  majedy's  arms,  and  who  have  not  borne  arms  againit 
the  faid  United  States ;  and  that  {Jcrfons  of  any  other  do- 
fcription  fliall  have  free  liberty  to  go  to  any  part  or  parta 
of  any  of  the  thirteen  United  States,  and  therein  to  re- 
main twelve  months,  unmolcded  in  their  endeavours  to  ob- 
tain the  rcditution  of  fuch  of  their  edates,  rights,  and 
properties  as  may  have  been  confifcated :  and  that  congrefa 
fliall  alfo  earncdiy  recommend  to  the  fevcral  dates,  a  recon- 
ftderation  and  reviiiun  of  all  a£lsor  laws  regarding  the  pr#- 
mifes,  fo  as  to  render  the  faid  laws  or  acls  perfectly  confid- 
ent, not  only  with  judice  and  equity,  but  witli  that  fpirit 
of  conciliation,  which,  on  the  return  of  the  bleflings  of 
peace,  fliould  univerfally  prevail :  and  that  congrefs  iliall 
4lfo  earnedly  recommend  to  the  feve.a)  dates,  th>U  the 
edates,  rights,  atid  properties  of  fuch  lad  mentioned  per-< 
fons  fliall  be  rcdored  to  them,  they  refunding  to  any  per- 
fons who  may  be  now  in  pofleflion,  the  bona  tide  price 
(where  any  has  been  given)  which  fuch  perfons  may  have 
paid  on  purchafing  any  of  the  faid  landb,  rights,  or  pro- 
perties, fince  the  confifcation.  And  it  is  agreed,  that  all 
perfons  who  have  any  intered  in  confifcated  l:in(ls,  cither 
by  debts(,  marriage  fettlements,  or  otherwife,  fliall  meet 
with  no  lawful  impediment  in  the  profecation  of  their  jutb 
rights. 

"  Article  V.Ith.  That  there  fliall  be  no  future  confiC- 
cations  made.** 

Scft.  5.  Obfcrve  that  in  every  other  article,  the  parties 
agree  exprefsly,  that  fuch  and  fuch  thingi^  Jhal/ be  Jone. 
In  this  they  only  agree  to  recommend  that  they  fliall  he 
done.  You  are  pleafed  to  fay  (pajije  15)  '*  It  cannot  be 
prefumed,  that  the  conimiflioners  who  negociated  the  treaty 
of  peace,  would  engage,  in  behalf  of  cungrefs,  to  make 
recommendattom  to  the  legiflaturcs  of  tlie  refpectivc  dates, 
which  they  did  not  expctl  to  be  effectual,  or  enter  into 
direol  dlpulatiom,  which  they  had  not  the  power  to  en- 
force."   On  the  contrary,  we  may  fairlv  prelume,  tfiat  if 


rccomfhcn*' 
ilarory  by 
iXijrt-is 


C    42    J 


Fxili'and 
C'ontiica- 
tion 


r'  ■ 

exvircfi 
tv«xd». 


r.  by 


Senf-  of  nc- 
3ociator!>. 


fley  had  ihc  power  to  enforce^  they  uo'iltl  not  merely  h;  .vi* 
tecoirvii-ndeiL  \^'^htn  in  cveiy  other  article,  they  agree  ex  • 
preJ^.ly  /)  do,  why  in  this,  do  they  change  the  Uyle  fuddenly 
and  agree  only  to  recommend  ? — becaufe  the  things  here 
piop(.kd  to  he  done,  were  retrofpedtivc  in  their  nature, 
v/.)u!d  tear  up  the  laws  of  the  feveral  Uates,  and  the  con- 
tracts and  iranlatStions  private  and  pubh'c,  which  had  taken 
place  under  them ;  and  retrofpedljve  laws  were  forbidden 
by  the  ccnftituticns  of  feveral  of  the  ftates.  Between 
perfons  whofe  native  language  is  that  of  this  treaty,  it  is 
unnecpfiary  to  explain  the  difference  between  enaH'tug  a 
thing  to  be  done,  and  rtcornmendiiig  it  to  be  done ;  the 
words  themfclves  being  as  well  underilood,  as  any  by  which 
they  could  be  explained.  But  it  may  not  be  unneccflary 
to  obftrve  that  recommendationt  to  the  people,  inllcad  ot 
lazusy  had  been  introduced  among  us,  and  were  rendered 
familiar  in  the  interval  between  difcon' inning  the  old,  and 
cftablifhing  the  new  governments.  The  conventions  and 
coirniittees  who  then  affembled,  to  guide  the  conduft  of 
th^  people,  having  no  authority  to  oblige  them  by  lav., 
took  up  the  pra^ice  of  (imply  recommending  meafurcs  to 
them.  Thcfc  recommendations  they  cither  complied  with, 
or  not,  .It  their  pleufure.  If  they  refufed,  there  was  com- 
plaint, but  no  cnmpulfion.  So,  after  organizing  the  go- 
vernments, if,  at  any  time,  it  became  expedient,  that  a 
thing  fliould  he  done,  which  congrefs,  or  any  other  of  the 
organized  bodies  were  not  authorized  to  ordain,  they  fim- 
ply  recommended  and  left  to  the  people,  or  their  legifla- 
tures,  to  comply,  or  not,  as  they  plcafed.  It  was  impol- 
fible  that  the  iicgociators  on  either  fide  Ihould  have  been 
ignorant  of  tlu-  difference  between  agreeing  to  do  a  thinj/, 
and  Jij^reeing  only  to  rfconmcnd  it  to  be  done.  The  import 
of  the  terms  is  fo  different,  that  no  deception  or  furpri/c 
couid  be  fuppoicd,  even  if 'tliere  were  no  cviden«-e  that  the 
difference  w  vs  attended  lo,  explained  and  undcrllood. 

Sfd>.  6.  But  the  evidence  on  this  occallon  removes  all 
qneflion.  It  is  well  known,  that  the  Britifii  court  had  it  ex- 
tremely at  h».art,  to  procure  a  reffituiion  of  the  edates  vs 
tKe  r..ri;ge'w's  who  had  gune  over  to  th'-'ir  fule  :  that  the ^ 
prnpcfed  it  in  tin-  fird  conferences,  and  infilled  t»n  it  to  tli. 
Kill  j  rliat  our  coinmiilioner?,  on  the  other  hand,  refufed  i; 
frc^'n  ftvli  to  1  111,  ur.'ing,  ill,  Th;»t  it  was  unveafonahlo  t  > 
rtllcjte  the  i-tinliieated  property  of  th.;  refiigees,  ur.lefs  tiuy 
would  rtimbiufe  the  deilru^tion  ■  f  the  property  of  oui 
citizens,  committed  on  their  part  ;  and  2dly,  That  it  w? 
beyond  the  powers  oP  t!ie  comnrHrion'is  to  ilipuKtte  or  "; 
riiUgrefs  t;j  enforce.  On  this  point,  tli-  treaty  hung  Ion;; 
It  w:is  liic  nil.ject  of  a  fpec'al  mllfion,  of  a  confidential 
agwHt  of  the  B.itiHi  n.gvciatoi-  from  PiuU  to  lender       V 


C    43     ] 

was  ftin  infilled  on,    on   his  return,    and  (lill  proteftcd  Kxile  ani 

atjaind,  uy  our  comniiflloners  :  and  when  ihey  were  urged  \-»U"^c;> 

to  agree  only,  that  congrefs  Ihould  recommend  to  the  (late    ''"" 

Icgiflatures  to  rcllore  the  eilatcs,  &c.  of  the  refugees,  they  •'^♦■'V'^"^  "•' 

were  exprefsly  told  that  the  Icgiflatures  would  not  regard 

the  recommendation.     In  proof  of  this,  I  fubjolu  cxlta^.s  w,   ,  «  q 

from  the  letters  and  journals  of   Mr.  Adams  a>id    Dr.  lo,  ir'.  n* 

Franklin,  two  of  oui  cumnuflloiiers,  the  origiaala  of  wliich 

are  among  the  records  of  the  department  of  itate,  and  (hall 

be  open  to  you  for  a  verification  of  the  copies.     Tlicie 

prove,  beyond  all  queltiun,  that  the  difference  between  an 

ixprefi  agreement  to  do  a  thing  and  to  recommend  it  to 

be  done,  was  well  undcrltood  by  both  partiea,  and  that 

!he  Britifli  ncgoclators  u'crc  put  on  their  guard  by  tluife  on 

our  part,  not  only,  that  the  Icgiflatures  would  be  fi»;e  to 

refufe,  but  that  they  prcbably  would  refufe.     And  it  is 

evident,  from  all  tircumfliunces,  that  Mr.  Ofwald  acnpted 

the  recommendal'ton  merely  to  have  fomething  to  opp^^le  la 

the  clamouns  of  the  refugees,  to  keep  alivt;  a  hope  iu  iiirii: , 

that  they  might  yet  get  their  property  from  the  Hate  Lgil- 

latures;  and   that,  if  they  fljould  fail  in  this,  they  would 

have  ground  to  demand  indemnification  from  their  own 

government;  and  he  might  think  it  a  tircumltance  of  pre- 

feiit  relief,  at  lea!l,  that  the  qiicilion  of  indemnification  by 

thtm   fliould  be   kept   out  of  light,  till  titne  and  events 

ihould  open  it  upon  the  nation  infenALly. 

Sect.  7.  The  fame  was  pcrfcflly  underllood  by  the  Bil-  StniV  of  mk 
ti(h  minilliy,  and  by  th.'  mct»ibers  of  both  hoiiieo  oi  par-  '"'i*;''- 
liament,  as  well  thofe  who  advjcatcd  as  ihof^;  who  oppof- 
ed  the  treaty  ;  the  latter  of  whom  being  out  of  t'ic  fe- 
rrets of  the  negociatioii,  mull  h;'.ve  fornicd  their  judgments 
on  the  meic  import  of  the  terms.  That  all  parli«;t  cun- 
cunvd  in  this  exjuifition,  will  appear  by  the  lullowiag  ex- 
tracts from  the  Parliamentary  Regiiler;  a  v.ork,  \\iiit;h, 
without  pretending  to  give  what  li  fpoken,  with  vcrbd 
accuracy,  mav  yet  be  relied  on,  we  prefum;^  for  tht,  gc- 
fteral  reafoning  and  iM>iijIoa  of  'Jic  fpcakeis. 

IIovfsE    OP    Commons. 
The  preliminary   urucle^   under   ccniulcration  :     1783,  Senrcot 
February    1 7th.  Mr.  Thomas  I'itt.— ♦'  Tiut  the  interelts  ravliuiucm. 
of  the  fincere  loyalifts  were  as  dear  to  him  as  to  any  man; 
but  that  ho  could  never  tli-nk  it  would  have  bee;i  nromot- 
cd  by  carrying  on  that  uiifoitunate  war  wiiich  parliament 
had  in  faA  fulp«rnded  before  the  beginning  of  the  treaty  ; 
that  it  wai  impoflible,  after  the  part  congrefs  was  plealcd 
to  take  in  it,  to  conceive  that  tluir  rromm'tulut'ion  would 
not  have  its  proper  influence  on  the  difieiont  legiflaturcs  ; 
•uUat  he  did  iijt  hliafclf  fee  what  more  cuuld  have  bccu 


C     44    1 


F.xiL'  and 
Cciififca- 
tioii. 

Sinfc  of 
(j<irli;inie;it. 


done  on  their  behalf,  except  by  renewing  the  war  fm; 
their  fak'*8,  and  increafing  our  and  their  calamities."  9.  De- 
brctt's  Pari.  Reg'fter,  233. 

Mr.  Wilberforce. — "  When  he  confidered  the  cafe  of 
the  loyalifls,  he  confeffed  he  felt  himfelf  there  conquered  ; 
there  he  favv  his  country  humiliated ;  he  faw  her  at  the 
feet  of  America !  dill  he  was  induced  to  believe  that 
congrefs  would  rcligicfly  comply  with  the  article,  and 
that  the  loyalifts  would  obtain  redrefs  from  Ameiica. 
Shuuld  they  not,  this  country  was  bound  to  afford  it  them. 
They  muft  be  compenfated  :  minifters,  he  was  perfuaded, 
meant  tu  keep  the  faith  of  the  nation  with  them,  and  he  veri> 
ly  believed,  had  obtained  the  beft  terms  they  poifibly  could 
for  them."  lb.  236. 

Mr.  Secretary  Townfliend. — "  He  was  ready  to  admit, 
that  many  of  the  loyalifts  had  the  ftrongeft  claims  upon 
this  country  {  and  he  trufted  (hould  the  recommendation  of 
congrefs  to  the  American  ftates  prove  unfuccefsful,  which 
he  flattered  himfelf  would  not  be  the  cafe,  this  country 
would  feel  itfelf  bound  in  honor  to  make  thefti  full  com- 
penfation  for  their  lofles."  lb.  262. 

House  of  Lords,  February  17th,  1 783. 
Lord  Siiclburnc, — "  A  part  muft  be  wounded,  that  the 
whole  of  the  empire  may  not  perifh.  If  better  terms  could 
be  had,  think  you,  my  Lords,  that  I  would  not  have  em- 
braced them  ?  You  all  know  my  creed.  You  all  know 
my  ftcadincfs.  If  it  were  poflible  to  put  afide  the  bitter 
cup,  the  advi  rfities  of  this  country  preftfnted  to  me,  you 
know  |[  would  have  done  it :  but  you  called  for  peace. 
1  had  but  the  alternative,  cither  tu  accept  the  terms,  faid 
^  "/?)grcf8,  of  our  recommeudaiion  to  the  ftates,  in  favor  of 
the  colonifts,  or  continue  the  war.  It  is  in  our  power  to  do 
nn  more  than  recommend.  Is  tli'.'ve  any  man  who  hears  me, 
who  will  liar)  his  hand  on  his  heart,  and  ftep  forward  md 
fay,  1  ou[;hl  to  liavc  broken  ()1F  the  treaty  ?  If  there  be, 
I  am  fare  he  neither  knows  the  ftate  of  the  country,  nor 
yet  has  he  paid  any  attention  to  the  wifties  of  it:  but 
lay  the  worft — and  that  after  all,  this  cftimable  fet  of 
mc!i  arc  not  received  and  cherifhed  in  the  bofom  of  their 
own  country.  Is  England  fo  loft  to  gratitude,  and  all  the 
feelings  of  humanity,  as  not  to  afford  them  an  afylum  ? 
—Who  can  be  fo  bafe  as  to  think  ftie  will  rcfufe  it  to 
liiem  ?  Surely  it  cannot  be  that  noble  minded  man  who 
would  plunge  his  country  again  knee-deep  in  blood,  and 
faddle  it  with  an  expenfe  of  twenty  millions,  for  the  pur- 
pofe  of  reftoring  tl^fm.  Without  one  drop  «jf  blood  fpilii 
and  witiiuut  one  fifth  of  the  vxpj'nfe  of  one  year's  ram- 
paigu;  h.ippincfb  and  cafe  can  be  given  to  the  loyalifts  in 


<t 


[    45     ] 


'^6  ample  a  manner  as  thefc  blcfllngs  were  ever  in  their  enjoy- 
ment: therefore  let  the  outcry  ceafe  on  this  head."  lb. 
70,  71. 

Lord  Hawke. — "  In  America,"  faid  he,  "  congrefs 
had  engaged  to  recommend  their  [the  loyahfts]  caufe  to 
the  legiflatures  of  the  country:  What  other  term  could 
they  adopt  ?  He  had  fearched  the  journals  of  congrefs  on 
this  fubjc6l:  What  other  term  did  they,  or  do  they  ever 
adopt  in  their  requifitions  to  the  different  provinces  i  it  is 
an  undertaking  on  the  part  of  congrefs :  that  body,  like 
thi.  king  here,  is  the  executive  power  in  America.  Can 
the  crown  undertake  for  the  two  houfes  of  parliament?  It 
can  only  recuinmend.  He  flattered  himfelf  that  recom- 
mendation would  be  attended  with  fuccefs  ;  but,  faid  he, 
Aate  the  cafe,  that  it  will  no'.,  the  liberality  of  Great  Britain 
is  ftlll  open  to  them.  Minifters  had  pledged  themfelves  to 
indemnify  them;  not  only  in  the  addrefs  now  moved  for, 
but  even  in  the  lail  addrefs,  and  in  the  fpeech  from  the 
throne." 

Lord  Walfingham. — "  Wc  had  only  the  recommendation 
of  congrefs  to  trull  to,  and  how  often  had  their  recommen- 
dations been  fruitlefs?  There  were  many  cafes  in  point  in 
which  provincial  aflemblies  had  peremptorily  refufed  the 
recommendations  of  congrefs.  It  was  but  the  other  day 
the  Hates  refufed  money  on  the  recommendations  of  con- 
grcfs.  Rhode  Ifland  unanimoufly  refufed  when  the  con- 
grefs defired  to  be  authorized  to  lay  a  duty  of  five  per  cent, 
bccaufe  the  funds  had  failed.  Many  other  circumllances 
might  be  produced  of  the  failure  of  the  recommendations 
'  of  congrefs,  and,  therefore,  we  ought  not,  in  negociating 
for  the  loyahfts  to  have  trufted  to  the  recommendations  of 
congrefs.  Nothing  but  the  repeal  of  the  afts  cxifting 
againll  them,  ought  to  have  Sufficed,  as  nothing  elfe  could 
give  effedl  to  the  treaty ;  repeal  was  not  mentioned.  They 
had  only  ftlpjlated  to  revife  and  reconfider  them."  il. 
Dcbrett's  Pari.  Reg.  44. 

Lord  Sackville. — "  The  king's  minifters  had  weakly 
fmagined  that  the  recommendation  of  congrefs,  was  a  fufii- 
cient  fecurity  for  thefe  unhappy  men.  For  his  own  part, 
fo  far  from  beheving  that  this  would  be  fufficient,  or  any 
thing  like  fufficient,  for  their  proteftion,  he  was  of  a  di- 
rett  contrary  opinion :  and  if  they  entertained  any  notions 
of  this  fort,  he  would  put  an  end  to  their  idle  hopes  at 
once,  by  reading  from  a  paper  in  his  pocket,  a  refolution, 
which  the  alFemblv  of  Virginia  had  corae  to,  fo  late  as  ou 
the  17th  of  Dcctmber  laft. — The  refolution  was  as  follows, 
*'  That  all  demands  or  requefts  of  the  Britifli  court,  for 
the  reftitrtion  of  property,  confifcatcd  by  this  ftate,  being 
iKithcr  fiipporttd  h)  law;  equity,  or  policy,  arc  wholly 


Fzile  and 

CuiiUrca^ 
tion. 

Senfe  of 
parliamnt. 


Exile  and 
Confirca- 
tion. 

Stmfe  of 
parliament. 


Coi.  nli- 
ancc  by 
•ongrcu. 


R|^ 

11 

ia^M^lJH 

'    r  46  ] 

inadmifllble :  and  that  our  delegates  in  congrefs  be  inftruAed 
to  move  congrcls,  that  they  may  direct  their  deputies  who 
fhall  reprefent  thefc  ilates  in  the  general  congrcCs,  for  ad- 
jufling  a  peace  or  truce,  neither  to  agree  to  any  fuch  refti- 
tution,  or  fubmit  that  the  laws  made  by  any  independent 
ftatc  in  this  union,  be  fubje£led  to  the  adjudication  of  any 
power  or  powers  on  earth."    lb.  page  62,  63. 

Some  of  the  fpcakers  feem  to  have  had  not  very  accurate 
ideas  of  our  government.  All  of  them,  however,  have 
perfectly  underllood,  that  a  recommendation  was  a  matter, 
not  of  obligation  or  coercion,  but  of  perfuafion  and  influ- 
ence, merely.  They  appear  to  have  entertained  greater  or 
lefs  degrees  of  hope  or  doubt,  as  to  its  effeft  on  the  legif- 
laturcs,  and  though  willing  to  fee  the  refult  of  this  chance, 
yet  if  it  failed,  they  were  prepared  to  take  the  work  of 
indemnification  on  thcmfelves. 

Se6t.  8.  The  agreement  then,  being  only  that  congrefs 
fhould  recommend  to  the  (late  Icgiflatures,  a  rellitution  of 
eiliites,  and  liberty  to  remain  a  twelve  month,  for  the  pur- 
pofe  of  foliciting  the  reftitution,  and  to  recommend  a  revi- 
fion  of  all  a<?l8  regarding  the  premifes,  congrefs  did  imme- 
diately on  the  receipt  of  the  definitive  articles,  to  v/it,  on 
the  14th  of  Januaiy,  1784,  come  to  the  following  refolu- 
tion,  viz.  **  Refolved,  unanimoufly,  nine  dates  being 
prefent.  That  it  be  and  it  is  hereby  earnellly  recommended 
to  the  Icgiflatures  of  the  refpedive  lUtes,  to  provide  for 
the  rellitution  of  all  eftates,  rights,  and  properties,  which 
have  been  confifcated,  belonging  to  real  Britifh  fuhjedts ; 
and  alfo,  of  the  eftates,  rights,  and  properties  of  pcrfons 
refident  in  diftri6ts,  which  were  in  poifcffion  of  his  Bri- 
tannic majefty's  arms,  at  any  time  between  the  30th  day 
of  November,  1782,  and  the  14th  day  of  January,  1784, 
and  who  have  not  borne  arms  againii  the  fald  United 
States;  and  that  perfons  of  any  other  defcrlption  fhall 
have  free  liberty  to  go  to  any  part  or  parts  of  any  of  the 
thirteen  United  Stat''  t  .^nd  therein  to  remain  twelve  months 
unmolefted  in  their  endeavours  to  obtain  the  reftitution  of 
fuch  of  their  eftates,  rights,  and  properties,  as  may  have 
been  confifcated:  and  it  is  alfo  hereby  earneftly  recom- 
mended to  the  fevcral  ftates,  to  recotifider  and  rcvit'e  all  their 
afts  or  laws  regarding  the  premifes,  fo  as  to  render  the 
fai<l  laws  or  a<^8  perfe^ily  confident,  r.ot  only  with  jufticc 
ai  d  equity,  but  with  that  fpirit  of  conciliation,  which,  on 
the  return  of  the  b^effings  of  peace,  (huuld  univerfa'ly 
prjvnil:  and  it  is  in' ..by  alio  earneftly  recommended  to  the 
feve.al  ftates,  that  the  eftates,  rights,  and  properties  of 
fuch  laft  mentioned  pcrfons  fhoiiid  be  reilored  to  tliem, 
thrv  refund  ng  to  any  perlons,  who  may  be  now  in  pof- 
ftffion,  the  bona  fide  price   (where  uny  ha.  bc»n  ^''  -ii) 


<■>■* 


C    47    1 


which  fiich  perfons  may  have  paidj  on  purchafin^  any  of 
the  faid  lancfsi  rights,  or  properties,  fince  the  confircation. 

"  Ordered,  That  a  copy  of  the  proclamation  of  this  date, 
together  with  the  recommendation  be  tranfmitted  to  the 
feveral  Hates,  by  the  fecrctary." 

Se&.  9.  The  Britifh  ncgociators  had  been  told  by  ourB» 
that  all  the  dates  would  refufe  to  comply  with  this  recom- 
mendation:  One  only,  however,  r^fufcd  altogether.  The 
others  complied  in  a  greater  or  lefs  degree,  according  to 
the  circumflanccs  and  difpofitions  in  which  the  events  of 
the  war  had  left  them;  but  had  all  of  them  rcfufed,  it 
would  have  been  no  violation  of  the  5th  article,  but  an 
exercife  of  that  freedom  of  will,  which  was  referved  to 
them,  and  fo  underftood  by  all  parties. 

The  following  are  the  afts  of  your  catalogue  which  be- 
long to  this  head,  with  fuch  (hort  obfervations  as  are  ncccf- 
fary  to  explain  them.  Beginning  at  that  end  of  the  union 
where  the  war  having  raged  mou,  we  fliall  meet  with  the 
mod  repugnance  to  favor. 

Seft.  10.  Georgia.  July  29.  An  adl  releafing  certain 
perfons  from  their  bargains.  A  law  had  been  pafTed  dur- 
ing the  war,  to  wit ;  in  1782,  [A.  30.]  confiscating  the 
eilates  of  perfons  therein  named,  and  directing  them  to  be 
fold : — they  were  fold ;  but  fome  mifunderftanding  hap- 
pened to  prevail  among  the  purchafcrs,  as  to  the  mode  of 
payment.  This  adt  of  1783,  therefore  permits  fuch  per- 
fons to  relinquifh  their  bargains,  and  authorizes  a  new  falc 
—the  lands  remaining  confifcated  under  the  law  made  pre- 
vious to  ilv.'  peace. 

February  2Z.  An  acl  to  authorize  the  auditor  to  liqu*- 
date  the  demnnds  of  fuch  perfons  as  have  claims  againfl  the 
confifcated  tllates.  In  the  fame  law  of  confifcations  made 
during  the  war,  it  had  been  provided  that  the  eilates  con- 
fifcated ftjould  be  fuhjeft  to  pay  the  debts  of  their  former 
owner.  This  law  of  1785,  gave  authority  to  the  auditor 
to  fettle  with,  and  pay  the  creditors,  and  to  fell  the  remain- 
ing part  of  the  cftate  confifcated  as  before. 

February  10.  An  act  to  compel  the  fettlemcnt  of  pub- 
lic accounts,  for  iiifli6tiiig  penalties,  and  vefting  tlie  audi- 
tor with  certain  powers.  Tin's  law  alfo  Is  founded  on  tlie 
iiimc  coiififcation  law  of  1782,  requiring  the  auditor  to 
prei's  the  fettlement  witli  the  creditors,  &c. 

February  7.  An  aft  for  afcertasjiiiig  the  rights  of  aliens, 
and  pointing  out  the  n\ode  for  the  adrnifllon  of  citizens. 
It  firll  defcribcs  what  perfons  fhall  be  free  to  become  citi- 
zens, and  then  declares  none  (hall  be  capable  of  that  cha- 
rafter  who  had  been  named  in  any  confifcati<)n  l;".w,  or  ba- 
nifhcd,  or  had  home  arms  agaiiift  them.  This  aft  does 
not  prohibit  cither  the  refugees,  or  real   Britiih  fubjefts 


F.xile  and 
Ci>nfifc»> 
tion. 

Compliance 
by  congrefs. 


Adlsof 
itates. 


[B.M 
1785. 


[B  4.J 
I7»3. 


[B   8.1 

1787. 


f 


c  4*  5 


Ziileantl 
Confirca^ 
tioa. 

A«!bor 
iUtcf. 


[A.ir.] 


IB«| 
1786. 


rc9.i 
1784. 


Document 
No.  44. 


1784. 


from  coming  into  the  (late  to  purfue  their  lawful  affairs.  It 
only  excludes  the  former  from  their  right  of  citixcnfhip, 
and  it  is  to  be  obferved,  that  this  .ecommeudatory  article 
docs  not  fay  a  U'ord  about  giving  them  a  right  to  become 
citizens.  If  the  condu^  of  Georgia  (hould  appear  to  have 
been  peculiarly  uncomplying,  it  muft  be  remembered  that 
that  (late  had  peculiarly  fufTered ;  that  the  Dritifh  anny 
had  entirely  over  run  it;  had  held  polfefllon  of  it  forfome 
years ;  and  that  all  the  inhabitants  had  been  obliged  either 
to  abandon  their  edates  and  fly  iheir  country,  or  to  remain 
in  it  under  a  military  government. 

Se<5l.  II.  South  Carolina.  Auguft  15th.  An  z&  to  ved 
180  acres  of  land,  late  the  property  of  James  Holmes,  in 
certain  pcrfons,  in  trud  for  the  benefit  of  a  public  fchool. 
Thelc  lands  had  been  confifcated  and  fold  during  the  war. 
The  prefetit  law  prefcribes  certain  proceedings  as  to  l\\t 
ptirchafers,  and  provides  for  paying  the  debts  of  the  former 
proprietors. 

March  22.  An  a£l  to  amend  the  confifcation  a£l,  and 
for  other  purpofes  therein  mentioned.  This  relates  only  to 
edates  which  had  been  confifcated  before  the  peace.  Ir. 
makes  fome  provi(ion  towards  a  final  fettlement,  and  relieves 
a  number  of  perfons  from  the  amercements  which  had  been 
impofed  on  them  during  the  war,  for  the  part  they  had 
taken. 

March  26.  An  a6l  redoring  to  certain  perfons  their 
edates,  and  permitting  the  faid  perfons  to  return,  and  for 
other  purpofes.  This  aft  recites,  that  certain  edates  had 
been  confifcated,  and  the  owners,  1 24  in  number,  banifhed 
by  former  laws ;  that  congrefs  had  earnedly  recommended 
In  the  terms  of  the  treaty :  it  therefore  didributes  them 
into  three  lids  or  cla(re8,  redoring  to  all  of  them  the  lands 
themfelves  where  they  remained  unfold,  and  the  price, 
where  fold,  requiring  from  thofe  in  lids.  No.  i  &  3,  to 
pSy  12  per  cent,  on  the  value  of  what  was  redored,  and 
No.  2,  nothing;  acnd  it  permits  all  of  them  to  return, 
only  difqualifying  thofe  of  No.  i  &  3 ;  who  had  borne 
military  commilTions  againll  them,  from  holding  any  office 
for  feven  years. 

Governor  Moultrie's  letter  of  June  21,  1786,  informs 
U8,  that  mod  of  the  coniifcations  had  been  redored;  that 
tlie  value  of  thofe  not  redored,  was  far  lefs  than  that  of 
the  property  of  their  citizens  carried  off  by  the  Britifh, 
and  that  fifteen,  indead  of  twelve,  months  had  been  allowed 
to  the  perfons  for  whom  permiflion  was  recommended  to 
come  and  folicit  reditntion. 

Sift.  12.  No'-h  Caroliua.  Oftober.  An  act  di:ecling 
the  fale  of  confifcated  pioperty. 


C    49    ] 


•  December  29.    An  a£^  to  fecure  and  quiet  in  their  pof-  Exilo  anJ 
K-ffions,  the  purcliafcra  of  lands,  goods,  &c.  fold,  or  to  ^"^'*'''''' 

Theft  Acti  of 


17HJ. 


be  fold,  by  the  coinmiHioncrs  of  forfeited  cftates. 

two  ads  relate  cxprefsly  to  properly  **  heretofore  confif-  ^^^^^' 

'  ated,"  and  fccurc  purchafers  under  thofe  former  conlif* 

rations. 

The  cafe  of  Bayard,  v.  Singleton,  adjudged  in  a  court  No.  54-  [D. 
of  judicature  in  North  C.'.voiina.     Bayard  was  a  purthafcr  ^'1  '"9-- 
of  part  of  an  cftate  ronlircatcd  during  the  war,  and  the 
ruurt  adjudged  his  title  valid;  and  it  is  difficult  to  conceive 
on  what  principle  that  adjudication  can  be  cuntplained  of 
as  an  infradion  of  the  treaty. 

November  19.     An  aft  was  paffed  to  r^ftorc  a  confif-    ^I^S- 
rated  ellate  to  the  former  proprietor,  Edward  iiridgcn. 

October.     An  aft  to  defcribe  and  afcerliin  luch  pcrfons  [C.  rj 
as  owed  allegiance  to  the  (late,  and  impofc  ccilain  Uifi^ua-  ^^^M- 
liiications  on  certain  perfons  therein  r.amcd. 
November.     An  aft  to  amend  the  preceding  aft.  [C.8.]i78^. 

April.  An  aft  of  pardon  and  oblivion.  The  two  firft  [C.  i] 
of  thefe  afts  exercifed  the  right  of  the  Hate,  t<)  defcribe  ''^*' 
who  fhould  be  its  citizens,  and  who  ihould  be  difqualified 
from  holding  offices.  .  The  lad,  entitled,  An  aft  of  par- 
don and  oblivion,  I  have  not  been  able  to  fee ;  but  fo  far 
as  it  pardons^  it  is  a  compliance  with  the  recommendation 
of  congrefs  under  the  treaty,  and  fo  far  as  it  excepts  per- 
fons out  of  the  pardon,  it  is  a  refufal  to  comply  with  the 
recommendation,  which  it  had  a  right  to  do.  It  does  not 
appear,  that  there  has  bten  any  obdruftion  to  the  return  of 
tliofe  perfons  who  had  claims  to  profecute. 

Scft.  13.  Virginia.  The  catalogue  under  examination,  Document 
prefents  no  aft  of  this  (late  fubfequent  to  the  treaty  of  ^"^  '•^* 
peace,  on  the  fubjcft  of  corHfcations.  By  one  of  Ofto- 
ber  1 8,  1 784,  they  declared  there  fhould  be  no  future  cou- 
fifcations.  But  they  did  not  choofe  to  comply  with  the 
recommendation  of  congiefs,  as  to  the  relloralion  of  pro- 
perty which  had  been  already  confifcated :  with  refpeft  to 
,jcrfon^),  tlic  firll  aflembly  which  met  after  the  peace, 
paflcd 

Oftobcr.  The  aft  prohibiting  the  mi[rration  of  certain  rC-5-] 
perfons  to  this  comnrionwealth,  and  for  other  purpolei  ^^  ^' 
therein  mentioned,  which  was  afterwards  amended  by 

Oftoher.  An  aft  to  explain  and  amcr.d  the  preceding.  fC.6.] 
Thtfe  afts  after  declaring  who  fiiall  not  have  a  light  to  mi- 
grate to,  or  become  citizens  of,  the  (late,  have  each  an  ex- 
prefs  provifo,  that  notl/ivg  contained  in  than  Jhall  he  fo  ton- 
ftrued  as  to  canlravcue  the  treaty  of  peace  •aiiih  Great  Bntain  ; 
and  a  great  number  of  the  refugees  having  come  into  the 
ftatc,  under  the  protcftion  of  the  firll  law,  and  it  heing 
underftcjod,  that  a  party  was  forming  in  tho  ilatc  to  ill- 

H  h 


1786. 


[    so    ] 


Fxiff  and 
Li>.  fifca- 
tion. 

Aa»  of 

*  Document 
Ho.  14. 


fB.  If). 


l.i;86.j 


ID.  I  I.J 
179U 


See  Docu- 
ment 
No.  49. 


Dfiriinent 

Uo.  1',. 


trat  tliciii,  thf  j;overnor,  Julv  2(k  1784,  publiOird  tin' 
proclamation,  No.  I  ^.jt*  ttiioiniiig  all  ir.-igill rates  and  otht-r 
civil  officiTn,  to  pi'te^t  ti.."m,  andUrcurc  to  them,  thr 
rights  diriveil  from  tia-  tn-aty,  and  acts  .f  '(!(  mblv  aforp- 
laid,  and  to  brin^  tu  puu.lhmci.t,  nil  who  !l/iil<i  offend 
herein;  in  cjjnftq'itucc  of  which,  thofc  ptrlcjiis  rennaincd 
quietly  in  the  lljte ;  and  many  oi  ihenn  nave  remained  tu 
this  d.)y. 

Si(*.t.  14.  "WylaiuL  NovcmbtT,  An  adl  to  vcft  certain 
powers  in  the  ^rovernor  and  coimcil.     Sec.  3. 

November.  An  act  to  empower  the  governor  and  council 
to  componnd  witli  llio  diu'ivtrirs  of  Britidi  property,  and 
for  other  p  irpofes.  'l*hefe  afts  relate  purely  to  property 
which  had  l)een  conlifcitcd  dm ing  the  war,  and  the  Uate 
not  fhoofing  to  reUore  it,  as  recommended  by  congrefs, 
pafFed  thoin  for  br!n;^"«ig  to  a  concUili«)u  the  fettlement  of 
all  tvanfadtions  nlative  to  the  conlifeatcd  pioperty. 

I  do  not  find  iciy  law  of  thib  flatc,  which  could  prohibit 
the  free  return  of  their  refugees,  or  th*^-  ncepti'n  of  the 
fubjt£^8  of  Great  Britain,  or  of  any  ut  r  country.  And 
I  find  that  they  pafled  in 

November.  An  a^  to  repeal  that  part  of  the  ad  for 
the  fccurity  of  tlieir  government,  whicii  difqualified  non- 
jurors from  hohh'ng  offices,  and  v(-ung  ai  elections. 

The  cafe  of  llarrifon's  reprefentiitives,  in  the  court  of 
chancery  of  Maryland,  is  in  the  lid  of  infractions.  Thefe 
reprefcntatives  being  Dritifh  fubjedts,  and  the  laws  of  this 
country,  like  thofc  of  England,  not  pcpmittitiv;  aliens  to 
hold  lands,  the  quellion  was,  whether  Britiih  fubjedls  were 
aliens.  They  decided  that  they  were,  conlcquently  that 
they  could  not  take  lands,  and  confequently  alfo,  that  the 
lands  in  this  cafe  efchcated  to  the  ilate.  Whereupon  the 
legidature  immediately  interpofed,  and  pafled  a  fpeclal  act, 
allowing  the  benefits  of  the  fucccfllon  to  the  reprefentativei. 
But  had  they  not  relieved  them,  the  cafe  would  not  have 
come  under  the  treaty,  for  there  is  no  Aipulation  in  that 
doing  away  the  laws  of  alienage,  and  cnal-lmg  tlic  mem- 
bers of  each  n;'.tion  to  iiilurit  or  hold  land:,  in  the  other. 

Seft.  15.  Delaware,  This  Itate  in  the  year  177?^,  pafTcd 
an  act  of  eonJiicatlon  afjr.init  forly-fix  citizens,  by  name, 
wli'i  had  jt)Ined  iti  ; ims  againil  thttn,  unlefa  they  flionld 
cinvie  in  by  a  riven  day,  and  iland  their  trial.  The  eftatcs 
of  lliofe  who  did  i.ot,  were  fold,  and  the  wlioie  bu!  nefs 
fooa  clofed.  They  n.-ver  t^aiicd  any  other  adl  on  the  fuh- 
ject,  either  before  or  after  the  peace.  There  was  no  refti- 
tiitit)n,  beciufc  there  wiis  nothinsr  to  rellore,  their  debts 
havinj^  more  than  t.xha.illed  the  proceeds  of  the  fales  of 
their  \  ropcrty,  as  apj;.:ajs  by  Mr.  Read's  letter,  and  that 


r  51  1 


«n  perfiina  were  permitted  to  return,  und  fucli  as  c'.iofe  it, 
have  rrmaincd  there  in  quiety  to  this  duy. 

Sed.  16.  PetMifyhiania>  The  catulo^ruc  fiiriiin>eH  no 
tranfa^tion  of  thia  ftate,  fubfequent  to  die  an.  al  of  the 
treaty  of  peace,  on  tlw:  fubjeds  of  confifcatiun,  cxctpt 
AugiiU.  An  order  of  the  executive  council,  to  fell  pari  of 
Harry  Gordon'a  real  cUatr,  under  tlie  net  of  January  31, 
1783.  This  pcrfon  hud  been  fummotial  by  pruclumatiun, 
by  the  name  of  Henry  Gordon,  to  appear  bvTore  the 
I  ft  day  of  November,  1 78 1,  and  failing,  his  cllatc  vva« 
i'l-i/.ed  by  the  •  onimifiioners  of  forfeitures,  and  molt  nf  it 
iuld.  The  ad  of  1783,  January  31,  cured  the  mifnomcr, 
and  directed  what  remained  of  his  cUate  to  be  i.ild.  The 
conHlcation  being  complete,  it  was  for  them  lu  f.iy  whc- 
tlirr  they  would  reftore  it,  iu  cuinplisnce  wiiii  the  recom- 
•vjndation  ci  congreiU  They  did  not,  and  flic  executive 
.  mplcted  tilt  falc,  as  they  were  boun-'.  to  ilu.  All  pcr- 
ions  were  permuted  to  rilurn  to  tl»!j  ibte,  aiul  you  fee 
many  of  thtm  living  here  to  this  day  in  quiet  and 
ittccm. 

Secft.  11.  NeW'jerfey.  "  only  a6t  alleged  agalnll  thia 
lUte,  as  lo  the  rccommciidaiory  article,  is, 

December  23.  An  aft  to  appropriate  a  certain  forfeit- 
ed eilate.  This  nas  the  cUaic  of  J 'hn  Zabrifki,  wliicli 
had  been  forfeiiei!  diiing  the  war,  and  the  uCt  g.vcs  it 
to  Major-general  b.  ron  Siciiben,  in  reward  for  his  lcrvice3. 
The  confifcation  L^  ing  eoniplete,  the  legiflature  were  free 
to  do  this.  Oovenu'r  Livingllon'»  letter  is  an  additional 
teftimony  of  th^  modi  itiou  of  thia  Hate,  after  th».'  procla- 
mation of  peace,  and  fiom  tliat  we  hare  a  rij^fht  to  eonchide, 
that  no  pcrfo;:L'  were  prevented  from  rttuniiiig  -iiid  rcinaia- 
ing  indefinitely. 

Scft.  18.  Ntiv-Torh.  This  itate  had  been  among  the  lirll: 
invaded  ;  the  greatcU  part  of  it  had  been  poUellcd  l>y  the 
enemy  through  the  war ;  it  was  the  lail  cvacuutul;  its 
inhabitants  had  in  great  numbers  been  driven  (>{i'  their 
farms;  their  property  walled,  and  tlienil.ivis  living  in 
exile  and  penury,  a;i(l  reduced  from  atUujiK-j  to  wuct, 
it  is  not  to  be  wondered  at,  if  their  Icnfations  were  aniong 
the  moll  lively  :  accoidin;4ly,  taey,  in  the  very  hrfi  mo- 
ment, gave  a  flat  refuial  to  the  recommendation,  as  to  the 
reftoration  of  property:  See  document  No.  17,  contain- 
ing their  reafons.  They  pafl'cd,  however,  May  12,  The 
ad  to  prefcrve  the  freedom  and  independence  of  this  ftate, 
ana  tor  other  purpofes  therein  mentioned,  in  which,  after 
difqualifying  rcfugeea  from  offices,  they  permit  them,  to 
come,  and  remain  as  long  as  may  be  abfolutely  neceftiiiy,  to 
defend  their  cftates. 


C'mfUca- 
tiun. 

States. 

fC.  ij.J 
I7va 


X7«J- 


Document 
No.  41. 


Dc^ni.iit 

No.  ,  -. 


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1783- 


[C.I3.1 


IC.I4.] 

1783- 


Document 
No.  19. 


No.  2(0. 


rc.».j 

?784» 


Se6^.  19.  Conneaicut,  A  fingle  a£i  only  on  the  &iQe  fub» 
je6l,  is  alleged  againft  this  (lata,  after  the  treaty  of  peace  :. 
This  was  an  a£k  dire£ting  certain  confifcated  eftates'to  be 
fold.  The  title  fhows,  they  were  old  confifeations*  not  new 
ones,  and  governor  Huntington's  letter  informs  vs,  that 
all  confifcations  and  profecutions  were  ftopped  on  the 
peace  i  that  feme  reftoration  of  property  took  place,  and 
all  pcrfons  were  free  to  return. 

Seft.  30.  Rhode  IJland,  The  titles  of  (our  ails  of  this 
Hate,  are  cited  in  your  appendix,  to  wit : 

May  ay.  An  ad  to  fend  out  of  the  ftate,  N.  Spink, 
and  j.  Underwood,  who  had  fornierly  joined  the  enemy, 
and  were  returned  to  Rhode  Ifland. 

June  8.  An  aft  to  fend  William  Young,  tfceretofor^ 
banifhed,  out  of  the  ftate,  and  JForbiddcn  to  return  at  his 
peril. 

June  1 2.  An  a£i  allowing  Williaija  Brenton,  kte  an 
abfentee  to  vifit  his  family  for  one  week,  then  fent  away, 
not  to  return. 

OAober.  An  aft  to  baniili  S.  Knowles  (whofe  eilate 
had  been  forfeited)  on  pain  of  death,  if  he  return. 
Mr.  Channing,  the  attorney  of  the  United  States  for  that 
diftrift,  fays,  in  his  letter,  «  he  had  fent  me  aU  the  afts 
of  that  legiflaturc,  that  affcft  either  the  debts,  or  the  per- 
fons  of  Britifh  fubjefts,  or  Americaii.  refugee*."  The 
afts  above  cited  are  not  among  them.  In  the  anfwer  of 
April  6th,  which  you  were  pleafed  to  give  to  mine  of 
March  30th,  deilring  copies  of  thefe,  among  other  papers, 
you  fay  the  book  is  no  longer  in  your  pofleffion.  Thefe, 
ctrcumllances  will,  I  hope,  excufe  my  not  anfwering  or 
admitting  thefe  afts,  and  jullify  my  proceeding  to  ohferve, 
that  nothing  is  produced  againft  this  ftate,  on  this  fubjeft 
after  the  treaty ;  and  the  diftrift  attorney's  letter  before 
cited,  informs  us,  that  their  courts  confidered  the  treaty 
as  paramount  to  the  laws  of  the  ftate,  and  decided  accord- 
ingly, both  as  to  perfons  and  property,  and  that  the 
eftates  of  all  Britifti  fubjefts  feized  by  the  ftate,  had 
been  reftored,  and  the  rents  and  profits  accounted  for. 
Governor  Collins's  letter.  No.  20,  is  a  further  evidence  of 
the  compliance  of  this  ftate. 

Seft.  21.  Majfachufetts.  March  24..  This  ftate  palfed  an 
aft  for  repealing  two  laws  of  this  ftate,  and  for  affertin^ 
the  right  of  this  free  and  fovereign  commonwealth  to  eX" 
pel  fiich  aliens  as  may  be  dangerous  to  the  peace  and  good 
order  of  government,  the  eft'eft  of  which  was  to  rejeft 
the  recommendation  of  congrefs,  as  to  the  return  of 
perfons,  but  to  reftore  to  them  fuch  of  their  knds  as 
were  not  confifcated,  unlefs  they  were  pledged  for  debt. 


#, 


C    53    3  ♦ 

Novem.  10.    An   aft   in   addiupn  to  an  a£t   for  re-  Exile  and 
pealing  two  laws  of  this   fti^te,  they  allowred  them  to  [j°^'^ 
redeem   thttii-  lands  pledged  for  debt,   by  paying  the  (B.  i.) 
debt.  i784t 

Scd.  12.  Ncfp  Hampjhtre,  Againil  New  Hampflure  no- 
thing is  alleged  \  that  Itate  having  not  b«en  invaded  at  all, 
was  not  induced  to  exercife  any  a£ts  of  ^ri^or  againit  the 
fubjefts  or  adherents  of  their  enemies. 

The  ai5\s  then,  which  have  been  complained  of,  as  vio- 
lations ot  the  Vth  article,  wefe  fuch  as  the  ilates  were  free 
to  pafs,  notwitliiUndiag  the  recommendation,  fuch  as  it 
was  well  undttrflood  they  would  be  free  to  pafs  without 
any  imputation  of  infraction,  and  may  therefore  be  put 
entirely  out  of  queftlon. 

Seft.  23.  And  we  may  further  obferve,  with  refpeft  to  Future  cov 
the  faii.e  ads,  that  they  have  been  confidered  as  infrafti-  fifc*"«°<- 
ons  not  only  of  the  Vth  article,  which  recommended  the 
reloration  of  the  contifcations  which  had  taken  place  dur- 
ing the  war ;  but  alfo  of  that  part  of  the  Vlth  article 
which  forbade  ftaure  confifcations,  but  not  one  of  them 
touchjed  an  eftate  which  had  not  been  before  (;onfifcated ; 
for  you  will  obferve,  *  that  an  aft  of  the  legiflat-ure  con-  •  3  Black- 
iifcating  lands,  ftands  in  place  of  an  office  found  in  ordina-  ^°°^»  ^^* 
ry  cafes ;  and  that,  an  the  parage  of  the  aS,  as  on  the  find- 
ing of  the  office^  the  ftate  (lands,  ipfo  fafto,  poflfeifed  of 
the  lands,  without  a  fomud  enti-y.   The  conHfcation  then 
is  complete  by  the  paflfage  of  the  aft.    Both  the  title  and 
pofleffion  being  diveflrcd  out  of  the  former  proprietor,  and 
vefted  in  the  ftate,  no  fubfequent  proceedings  relative  to 
the  lands,  are  afts  of  confifcation,  but  are  mere  exercifes  of 
ownerfliip,  whether  by  levying  profits,  conveying  for  a 
time,  by  leafe,  or  in  perpetu6,  by  an  abfolute  deed.    I 
i>ekeve,  therefore,  it  may  be  faid  with  truth,  that  there 
y^as  not  a  fingle  confifcation  made  in  any  one  of  the  Unit- 
ed-States,  after  notification  of  the  treaty ;  and  confeqiient- 
ly,  it  will  not  be  neceffary  to  notice  again  this  part  lA  the 
.6th  atti<:le. 

Seft.  24.  Before  Quitting  the  recommendatory  article^  Citizenihip 
two  paffages  in  the  letter  are  to  be  noted,  which  applying  to  of  Refugees, 
all  the  dates  in  general,  could  not  have  been  properly  anfwer- 
ed  under  any  one  of  them  in  patoticttlar.  In  page  20,  is  the 
following  puiTage,  **  The  exprefti  prorifion  in  the  treaty,  for 
jthe  reRitution  of  the  eftatesand  propertiesof  perfons.of  both 
thefe  defcriptions  [Britifli  fubje£  b  and  Americans  who  had 
ftaid  within  the  BritiOi  lines,  L«ut  had  not  borne  arms] 
certainly  comprehended  a  virtuad  acqniefcence  in  their 
right  to  reiide  where  their  propert  y  was  fituated,  and  to 
be  reftored  to  the  privileges  of  cit '^zenfliip.**  Here  fecms 
^  be  ^  double  errpr,  firft,  in  fupp  t^lng  an  exprefs  provi- 


■k^\ 


[    54    1 


EiUeand 
Conflrc»> 


Indemnifi- 
cation by 
Great  Bri- 
taiq. 


m 


fion,  whereas  the  words  of  the  article,  and  the  collateral 
teftimony  adduced,  have  Hiown  that  the  provifion  was  nei« 
ther  expreft,  nor  meant  to  be  fo.  And,  fecondly,  in  infer- 
ring  from  a  reftitution  of  the  eftate,  a  virtual  acquief- 
cence  in  the  right  of  the  party  to  refide  where  the  eftate 
is.  Nothing  is  mare  frequent  than  for  a  fovercign  to  banifli 
the  perfon,  and  leave  him  pofTefTed  of  his  eftate.  The  in- 
ference in  the  prefent  cafe  too,  is  contradifled,  as  to  the 
refugees^  by  the  recommendation  to  permit  their  refidence 
twelve  months ;  and  as  to  Britifli  fubjeds,  by  the  filence 
of  the  article,  and  the  improbabihty  that  the  Britifli 
plenipotentiary  meant  to  ftipulate  a  right  for  Britifli  fub- 
je6ts  to  emigrate  ^nd  become  members  of  another  com- 
munity. 

Se^.  25.  Again,  in  page  27,  it  is  faid,  <<  The  nation 
of  Great  Britain  has  been  involved  in  the  payment  to 
them  of  no  lefs  a  fum  than  four  millions  fterling,  as  a  par- 
tial compenfation  for  the  loffes  they  had  fuftained."  It  has 
been  before  proved,  that  Mr.  Ofwald  underftood  perfectly, 
that  no  indemnification  was  claimed  from  us ;  that  on  the 
contrary,  we  had  a  counter  claim  of  indemnification  to  a 
much  larger  amount :  It  has  been  fuppofed,  and  not  with- 
out grounds,  that  the  glimmering  of  hope  provided  by  the 
recommendatory  article,  was  to  quiet,  for  the  prefent,  the 
clamours  of  the  fufferers,  and  to  keep  their  weight  out  of 
the  fcale  of  oppofition  to  the  peace,  trufting  to  time  and 
events,  for  an  oblivion  of  thefe  claims,  or  a  gradual  ri- 
pening of  the  public  mind  to  meet  and  fatisfy  them,  at  a 
moment  of  lefs  embarraiTment :  the  latter  is  the  turn 
which  the  thing  took.  The  claimants  continued  their  im- 
portunities, and  the  government  determined,  at  length,  to 
indemnify  them  for  their  lofles ;  and  open-handed)y  as 
they  went  to  work,  it  cofl  them  lefs  than  to  have  fettled 
with  us,  the  juil  account  of  mutual  indemnification,  urged 
by  our  commiflioners.  It  may  be  well  doubted,  whether 
there  were  not  fingle  ftates  of  our  union,  to  which  the 
fbur  millions  you  have  paid  would  have  been  no  indemoi* 
fication  for  the  loffes  of  property  fuftained,  contrary  even 
to  the  laws  of  war :  and  what  fum  would  have  indemnifi- 
ed the  whole  thirteen,  and  confequently,  to  what  fum  our 
whole  loffes  of  this  dcfcription  have  amounted,  would  be 
difficult  to  fay.  However,  though  in  no  wife  interefted  in 
the  fums  you  thought  proper  to  give  to  the  refugees,  we 
could  not  be  inattentive  to  the  raeifure  in  which  they  were 
dealt  out.  Thofe  who  W;;re  on  the  fpot,  and  who  knew 
intimately  the  ftate  of  affairs  with  the  individuals  of  this 
defcription,  who  knew  that  their  debts  often  exceeded 
their  poffcffions,  Infonmch  that  the  moft  faithful  admini- 
ftration  mads  them  ^y  but  a  few  {hillings  in  the  pouud^ 


r  ss  3 


even 

inifi- 

our 

Id  be 

led  in 

l>  ^^ 
Iwere 

Lncw 

this 

^ded 

lini- 

L:id» 


leard  with  wonder,  of  the  fums  given,  and  could  not  but  Indemnifi- 
conchide,  that  thofe  largeflea  were  meant  for  I'umething  ^^'o"  bv 
more  than  lofs  of  property :    that  fervices,  and  other  cir-  tain, 
cumftances  mud  have  had  great  influence.    The  fum  paid 
is  therefore  no  imputation  on  us.  We  have  borne  our  own 
lofles.  We  have  even  Icfftned  yours,  b^Tiumerous  reftitu- 
tions,  where  circumftances  admitted  them  :    and  we  have 
much  the  worft  of  the  bargain,  by  the  alternative  you 
chofe  to  accept,  of  indemnifying  your  own  fufferers,  ra- 
ther than  ours. 

Seft.  26.  II.  The  article  of  debts  is  next  In  order:  II. Debts, 
but  to  place  on  their  true  grounds,  our  proceedincrs  re-.  ^^^}^  P">" 
lative  to  them,  it  will  be  neceflary  to  take  a  view  of  the 
British  proceedings,  which  are  the  fubje£l  of  complaint  in 
my  letter  of  December  ijtb. 

In  the  7th  article,  it  Was  ftiputated,  that  his  Britannic  Negroes, 
majeily  (hould  withdraw  his  armies,  garrifons  and  fleets^ 
without  carrying  away  any  negroes,  or  other  property  of 
the  American  inhabitants.  This  ftipulanon  was  known  to 
the  BritiHi  commanding  officers,  before  the  19th  of  March, 
1783,  as  provl/londlly  agreed,  and  on  the  5th  of  April, 
they  received  official  notice  from  their  court  of  the  con- 
cluiion  and  ratification  of  the  preliminary  articles  between 
France,  Spain,  and  Great  Britain,  which  gave  a£iivity  to 
ours,  as  appears,  by  the  letter  of  Sir  Guy  Carleton  to 
General  Wafliington,  dated  April  6,  1783.  [Document 
No.  21.]  From  this  time,  then,  furely  no  negroes  could  No. 
be  carried  away  without  a  violation  of  the  treaty.  Yet 
we  find,  that  fo  early  as  the  6th  May,  a  large  number  of 
them  bad  already  been  embarked  for  Nova  Scotia,  of 
which,  as  contrary  to  an  exprefs  ftipulation  in  the  treaty. 
General  Wafhington  declared  to  him  his  fenfe  and  his  fur- 
prife.  In  the  letter  of  Sir  Guy  Carleton  of  May  1 2  (annex- 
ed to  mine  to  you  of  the  15th  of  December}  he  admits  the 
fa£l  'f  palliates  it  by  faying,  he  had  no  right  to  deprive  the- 
negroes  of  that  liberty  he  found  them  Pqffeffed  of,  that  it 
was  unfriendly  to  fuppofe  that  the  king's  minifter  could 
ilipulate  to  be  guilty  of  a  notorious  breach  of  the  public 
faith  towards  the  negroes,  and  that  if  it  was  his  intention^  it 
mujl  he  adju/led  by  compenfatioa,  reftoration  being  utterly 
impratlicable,  where  infeparable  from  a  breach  of  public 
faith.  But  furely,  fir,  an-  officer  of  the  king  is  not  to 
queftion  the  validity  of  the  king's  engagements,  nor  vio-  / 
late  his  folema  treaties,  on  his  own  fcruples  about  the 
public  faith.  Under  this  pretext,  however.  General  Carle-  ' 
ton  went  on  in  daily  infradions,  embarking,  from  time 
to  time,  between  his  notice  of  the  treaty,  the  5th  of 
April,  and  the  evacuation  of  New  York,  November  25 — 
3000  negroes,  of  whom  our  commiffioners  had  infpeftioa, 


^-,a... 


r    t  ^6  1 

beks.         ^nd  a  very  large  Dumber  more,  in  public  and  private  veP 
^"m^  P'^  fels,  of  whom  they  were  not  permitted  to  have  infpe£lron: 
Negroe  .       Here,  then,  was  a  dire<^,  unequivocal,  and  avowed  vio^ 
lation  of  this  part  of  the  7th  article,  in  the  firft  moments 
of  its  being  known;    an  article,  which  had  been  of  ex- 
treme  fulicitude  oil  our  part ;  on  the  fulfilment  of  whichi 
depended  the  means  of  paying  debts,  in  proportion  to  the 
number  of  labourers  withdrawn  ;    andj  when  in  the  very 
adl  of  violation,  we  warn,  and  put  the  commanding  offi- 
cer on  his  guard,  he  fays,  direftly,  he  will  go  through 
with  the  a^t,  and  leave  it  to  his  court  to  adjuft  it  by 
Compenfation. 
]&<rfts.  Seft.  27.  By  the  fame  article,   tiis  Britannic  majefty 

flipulates,  that  he  will,  >u»th  all  conveniei^  fp^^t  with- 
draw his  garrifoni  from  every  poll  within,  the  United 
Stfites.  *  •*  When  no  precife  terms,"  fays  a  writer  on  the 
lav,'  of  nations,  [Vattcl,  L.  4.  C.  26.}  "  has  been  mark- 
ed for  the  accompliniment  of  a  treaty,  and  for  the  exe- 
cution of  C'ach  of  its  articles,  good  fenfe  determines  that 
every  point  fhould  be  executed  as  foon  aspoffihle  :  This  is 
-Without  doubt,  \*hat  vi^as  underftood."  The  term  in  the 
treaty,  with  all  convenient  fpeedi  amounts  to  the  fame  thing, 
and  clearly  excludes  all  unneceffary  delay.  The  general 
pacification  being  figned  on  the  20th  of  January,  fome 
time  would  be  requifite  for  the  orders  for  evacuation  to 
come  over  to  America^  for  the  removal  of  ftores,  pro- 
perty and  perfons,  and  finally,  for  the  aft  of  evacuation. 
The  larger  the  poll,  the  longer  the  time  neceflary  to  re- 
move all  its  contents ;  the  fmaller,  the  fooner  done : 
Hence,  though  General  Carleton  received  his  orders  to 
evacuate  New  York,  in  the  month  of  April,  the  evacua- 
tion was  not  completed  till  late  in  November.  It  had 
been  the  principal  pla;ce  of  arms  and  ftores  ;  the  feat,  as 
it  were,  of  tbeir  general  governrfient,  and  the  afylum  of 
thofe  who  had  fled  to  them.  A  great  quantity  of  ftiipping 
was  neceffary,  therefore,  for  the  removal,  and  the  Gene- 
ral was  obliged  to  call  for  a  part  from  foreigft  countries. 
Thefe  caufes  of  delay  were  duly  refpefted  on  our  part/ 
'  '     But  the  pofts  of  f  Michillimackinac,  Detroit,  Niagara, 

Ofwego^  Ofwegatchie,  Point-au-fcr,  ibutchman's  Pointy 


*  Lorfqu'on  n^a  point  marque  de  ierme  pour  Paccomplilfe' 
nt  iht  traitct  ^  P^ur  Pexecutian  de  chacun  da  articleSf  le 
ion  fens  d'tt  que  chaque  point  doit  etre  execute  auITitdt  qu*il 
ell  polfible.  Cejlfans  daute  alnfi  qu*ott  Ventendu^ 


r/ient 


Ivl 

A| 

rei 
eva 


mg 


t  Infiead  of  this,  Fort  Erie  was  by  error  infcrtcd  in  my  lettcf 
]*f  December  15. 


*f 


It,  as 
m  of 
ping 
ene- 
tries. 
pJirt/ 
ara, 
oint« 


ItJ/e- 
\st  le 

ju'il 


lettef 


«^erc  -not  of  tliis  magnitude.  The  otden  tot  thiiiak!i\oif  bebti.  ^^ 
trhkk  reached  General  Carletpn,  In  New-York,  early  in  ^JJ^J^ 
April}  might  hive  gone,  in  one  month. more,  to  the  moft  ^^  ~'^' 
reilkote  of  thefe  poits  t   Some  df  them  might  have  bfcn  ^^^' 
evacuated  in  a  few  days  alter,  and  the  largeft  in  a  IfeW 
week*.  Certainly  they  might  all  have  been  delivered,  with- 
out vny  incoHvement  JpudvA  the  operations,  by  the  end  of 
May,  from  the  known  facility  fumiflied  by  the  lakes,  Und 
the  water  conneding  them ;   or  by  croffing  immediately 
over  into  their  own  territory,  and  availing  themfdvea  of 
the  feafon  for  making  nevi^  ellablifliments  there^  if  that 
was  intended  i   Or  whatever  time  might,  in  event,  have 
been  neeefiary  for  their  evacuation^  certainly  the  order  for 
it  (hould  have  b^en  given  from  England)  and  might  have 
bovn  given  as  early  as  that- from  New  York.  Was  any  order 
ever  given  \  Would  not  an  uAneceffiwy  delay  of  the  order^ 
prodilcing  in  equal  delay  in  the  evacuation,  be  an  infrac- 
tion of  the  treaty  \  Let  us  thveftigate  this  matter. 

On  the  3d  of  Auguft,  1783,  Major-general  Baron 
8teube39«  by  orders  from  Oeneral  Wafhmgton,  having  re- 
paired to  Canadi  for  this  purpofe^  wrote  the  letter,  No.  Nd.  k%^ 
82,  to  General  Hildimand,  governor  of  the  province,  and 
recei'yed  &om  him  |he  anfwer  of  Auguft  13,  No.  23.  No.  ^* 
Wherein  he  fays,  *^  l^he  orders  I  have  received,  dired  a 
difeontinuanee  of  every  hoftile  meiAire  nniy^*  &Ci  And 
in  his  confeir<ince  vrith  fiaron  Steuben,  he  ikys  exprefsly^ 
**  That  he  had  tut  ftceivedatty  ordeft  for  making  the  \t9Si 
anraiigeitient  for  th^  evaluation  of  a  (ingle  .poft.'*  T^he 
orders  then,  which  miffht  have  been  with  him  by  the 
}ajl  of  Apnl,  were  Unknown^  if  they  exifted,  the  mid^ 
die  of  Auguft — ^fee  Baron  Steulaen's  letter.  No.  34.  Na  24( 

Again,  on  the  19th  of  Murch,  1784,  governor  Clin- 
tOQ,  of  New  York,  within  the  limits  of  which  ftatc  fomp 
of  thefe  poftd  are,  writes  to  General  Haldimand,  the  letter 
No.  25;\and  that  Cenend,  anfwering  him.  May  10,^0.25. 
from  Ct^ebec,  fays,  **  Not  having  had  the  honor  /a  receive 
orders  and  inftruAions  relative  to  withdrawing  the  garri- 
fons,*'  &c.  fourteen  months  were  now  clapfed j  and  the  or- 
den  Hot  yet  received,  'whic!h  might  have  been  received  in 
four. 

Again,  on  the  f2th  of  July,  Colonel  Hull,  by  order 
from  General  Knox,  the  fecretary  at  war,  writes  to  Ge- 
neral Haldimand,  the  letter  No.  27  ;  and  Gener^  Haldi-  No.  27« 
mand  gives  the  anCwei*  of  the  1 3th,  No.  28,  whcrtin  he  Uo.  i%* 
fays,  "  Though  I  am  now  informed,  by  his  majefty's 
mimllers,  of  the  ratification,  &Ci  I  remain,  &c*  not  hav- 
ing received  any  orders  to  evacuate  the  pofts  which  are 
without  the  limits,"  &'c.  And  this  is  eighteen  monthft 
after  the  fignature  of  the  general  pacification  !  Now,  is  it. 

T     • 


*.  :'*'.'lr 


*.••*«" 


t  58  5 


•  hebtit.  hot  fttrto  eonclude,  if  the  order  was  not  nirived  «*  khit 

S^SrigJ!'**"  13th  of  Auj^wft,  1783,  if  it  wa««ot  anfvcd  on  the  loth 
^Pofts.    \     ^^  May,  1 784,  T,oT  yet  6n  the  i3tlir  of  Ji-ly,  in  the  fame 
year,  that,  in  truth,  tht  br3<^  had  rteter  bfci*  given  ?  And 
if  it  had  Tif»er  been  given*  may  yrt  not  concltKfey  that  it 
nereir  bad  been  intended  to  he  gi#en  ?  From  what  monieiit 
is  it  \i*e  are  to  date  this  inli^dion  ?  Trom  that,  at  tkrhieh^ 
^ith  convehient  fpeed,  the  order  to  evacuate  the  upper 
Imfts,  mig'ht  have  been  given-.     No  legitlitaate  j^dtt  eail 
be  nffigncd,  why  thiA  order  might  not  have  li>een  given  as 
cartyi'  and  sit  the  fame  time  as  the  order  to  evacuate  New 
York;  and idld^ayt  qfUr  tiii,  hvas  im  coatrtmUKtun  of  the 
tntHy. 
Sc^.'  28.  Wasihis  delay  ihcrety  innocent  and  nnimptntant 
'      as  tut  OS*  letting  afide  all  cohfiderations  but  (^  iittitfiellf  #nd 
iafety?  t.  It  init  us.  off  from  the  fur  trader  whJdIi  before 
the'vai^,  hAA  been  always  of  ^[reat  impoitanc^  as  a  bVimch 
of  corometce,  and  as  a  fource  of  rrmittiaowoe  f&t'  \%t  psy- 
iment  pt  bur  debts  to  Great  Britab :  for»  to'the  injury  of 
withholding  oar  pofls,  they  added  the  obftni&icMi  of  atl 
pa^ge  donjjc  tb^  lakes  and  tbeir  comintonicatioii&     s.  It 
feduded  in  frotnxiniat^Uon  Ivith  tte  north  wcftem  ladkfriSi 
'firoro  all  oJTpox^iimty'of  kvepi^^'u^iHththein  llHKindyaad 
neighbuur)y  inteincotarfe»  brought  on  t)s  ci^ife^ttctttl)  fittni 
their  known  difpofifioaJ^  co'nftaat  and  expeofivt  warV  in 
<%]iich  Q^inibe)^'  of  me«,  Women^  and  chndreii  litt«<^  lieen, 
and  ftin  are,  daily  falling  Ti^nis  to  th^  ftfcalpingknifi;^  and 
to  Tviucb  thiere  wiB  be  mo  p^od^  but  iil ^)ur  poflbflkM  of 
the  po&s  which' coihmand  their >«Sotkftt;[^*  >        '   ', 

It  mapbe  fafely  faid  then  til^  t^  ti«aty  Wat  violated  in 
England,  before  it  Avas  known  inAmericaj,  and  in  Ame- 
rica, as  foon  as  it  was  known^ '  and  that  too  in  points  fa 
eflential  as  that  without  them»  It  would  neVer  have  h^^H 
concluded.      ^  ' 

Sc£h  29.  Andirhat  w^  tW  efie^  of  thcle  In£(a£Honii<>n 

iht  American  nund?  On  the  brciJch  oif  any  art?c1e  of  a 

treaty  by  the  one  part/,  tJie  other  has  its  dirf^ion  to  dedare 

It  dfflblved  in  aD  its  aiticlesj  ot\o  compenfate Itftlf'by 

withholding  execution  of  ec]iMvalent  articles)  or  to  Wave 

notice  of  the  breach  altogether.  * 

ttcht?.  Congvtis  Ikinfj  infcrmied  that  tlie  Britifll  CommaiJding 

jftmcrlcnn     cflScer  V/3S  carr^'ing  away  the  negroes  fi-om  Ne%'  Y'ork,  in 

proceediiijs.-.  anromrd  violation  of  the  treaty,  and  againlt  t|\e  repeated 

remqn&^nces  of  General  W^fhington,  they  take  Up  th« 

f;:b;ctEl  on  the  26th  of  May,   1 783;    they  declare  that  ft 

is  ccntrary  to  the  treaty  ;  dire^  that  th(!  proper  papers  be 

fcut  to  their  tninifters  plenipMentiaiy  in  Europe,  to  rcmon- 

ftrate,  and  dema«d  j-cparation,  and  ihst,  in  the  mean  time. 

General  Walhington  continue, his  JcmcnftralicicB tD4he  Bi'i- 


ired  cA  lh« 
>n  the  ibth 
in  the  fame 
iven  ?  ^  And 
«fe/  that  it 
tat  momelit 
,  at  whSeh^ 
the  t^per 
itntM^  icail 
eti  given  as 
icuate  New 
iKtiouof  tkf 

mimptikant 
ititeieii  #nd 
WthbefoTC 
as'alMMnch 
W'  \}kt  pxf- 
Ife  tnjtat^  of 
&kMi  of  aft 
7II&  s.  It 
niil«lasirf*i 

kietnl>  fic«a 
live  warV  in 
I  'liav€*'lieen} 
riktii^^and 
Mifi^flkmof 


c  59  r 


SiS 


■T  i: 


I  Violated  in 
iflin  Atne^ 
m  ffmts  (o 
■  hive  beeik 

ionioh 
sttfcTe  of  a 
1  to  declare 

jr  to  unvt 


imauding 
York,'  in 

repeated 

ake  up  the 

lire  that  it 

papers  be 

1  to  rcmoTJ- 

icar.  time, 

>4he  Bi*I- 


Amcncan 


tl(h  compumdiog'  officer,  and  to6(t  on  the  difcootinuance  Debts, 
vf  (be  meafure  [Stc  document  No.  39.J  ^^°*"*^. 

•  s»Sed.  30.  The  ftate  of  Virginia,  materially  affe^ed  by  Sto^T^ 
this  infradion,  becaufe  the  labourers  tHus  carried  away  were 
chiefly  from  thence  j  while  heavy  debts  were  now  to  be 
paid  to  the  very  naition  which  was  depriving  them  of  the 
meant*  took  up  the  fubjefl  in  Dec.  1783,  that  is  to  fay, 
feven  months,  after  that  particular  infra^on,  and  four 
j(nonths  after  the  li(ft  refufal  to  deliver  up  the  poib,  and 
inftead  of  arrcfting  the  debts  abfolutely,  in  reprifal,  for 
«heir  negroes  carried  avcray,  they  pafled  [D.  5.3  the  a£l  to 
-revive,  and  continue  the  fcverai  ad^.s  for  fufpending  the  iHti- 
ihg  executions  on  certain  judgments  until  Dec,  1783,  that 
is  to  fay,  th&y  Vevived  till  their  next  meeting,  two  afts 
pafled  during  the  war,  which  fufpended  all  voluntary  and 
frauduient  ai&gnments  of  debt,  and  as  to  ot/xrf,  allowed 
real  and  perfpnal  e^ate  to  be  tendered  in  difcharge  o£  c>xe- 
cuttons :  the  ^ffeft  of  whigh  was  to  relieve  the  body  oi  the 
debtor  from  prifon,  by  authorizing,  him  to  deliver  pro- 
perty in  difcharge  of  the  debt.  In  June  following,  1 3 
months,  after  the  violation, lad  mentioned,  and  after  a  lecond 
refill^  by  the  Britiih  commanding  officer  to  deliver  up  the 
pofts,  they  came  to  thercColution  No.  30,  reciting  fpecially  No.  30* 
the  infra^ion  refpediog,  their  negroes,  initru^iiig  their 
delegates  in  congrefs  to  jjreis  for  reparation  j  and  reinlving, 
that  the  courts  Iball  be  opened  to  BritiOi  fuits,  as  r9on  as 
repairqtum.  Jbail  he  madcy  or  otherwife,  of  foon  as  CQttgrefs 
Jbatl  jndge  It  iaSfpenfai/ly  necejfary.  And  in  1787,  they 
pafled  t.C.  1<-\  tiie  a£t.  to  repeal  fo  much  of  all  and  evciy 
a^  or  adts  of  aflembly,  as  prohibits  the  recovery  of  Bnttfli 
debts  ;  and  at  the  fame  time  [E.  6,3  the  a£fc  to  repeal  part 
of  an  att  for  the  protcdtion.  and  encouragement  of  the 
commerce  of  nations  acknowledging  the  independence  of 
the  United  States  of  America.,  The  former  was  not  to 
be  in  force,  till  the  evacuation  of  the  pofts,  and  reparation 
for  the  negroes  carried  away.  The  latter  requires  partic  •  ilar 
e:xp?<matiga.  The  fm/all  fuppli^  of  Europcaa  goods, 
vfhich  ip»ched  us  during  the  v*ar, "  wieTe  frequently  brought 
by  ci^tain^  of  veflels  and  fupercargoe^,  v^ho,  as  foon  as 
they  had  f<4d  their  goods,  were  to  return  to  Europe  with 
their  veflels.  To  p^fbns  in^der  fucb  circomflances,  it  was 
neceflary  to.  give  a  fummafy  remedy  for  the  recovery  of  the 
proceeds  of  tfaetr  £ile.  '  'Hiis  had  been  done  by  the  law 
foi^  the  protection  and  eij^oura^ement  of  the  commerce  of 
D$tiQn$  ackuovrledgmg  the  independence  of  the  United 
S*-acs»a  vrhich  Iras  nu^^Qli  but  as  a  temporary  thing,  to  con- 
tinue: whilft  the  fame  circuroftances  continued:  On  the 
^tUrfi  qS.  peace,  the  ^tipplief^of  foreign  go«>ds  were  made» 
p$t.-b<tAK<e  the  war»  %  uterpl^ints  rclideut  here.    TUone  way 


'>' 


i    60    ■} 

9i^t«^  ao  lofiff^  mftm  to  oontmue  td  them  the  fummaiy  remeJy, 
M^edlMi  ^*»'ch  "*d  ^«"  profided  for  the  tranficftt  vendir  of  gt  •  U  t 
*^^  And  indeed  it  would  have  been  unequal  to  have  givtn  the 
refident  merchant  inftantaneous  judgment  agaioft  a  farmet 
or  tradefman^  while  the  fanner,  or  tradefmani  could  puc^ 
fue  thofe  who  owed  him  money,  but  in  the  ordinary  way^ 
and  with  the  ordinary  delays.  The  BritKh  creditor  had  no 
fuch  unequal  prmlege,  while  we  were  under  Britifh  govern- 
ment,  and  had  no  title  to  it,  in  juftice,  or  by  the  treaty, 
after  the  war.  When  the  legiflature  proceeded  then  to 
repeal  the  law,  as  to  other  nations,  it  would  have  been 
extraordinary  to  have  continued  it  for  Great  Britain. 

Se£t.  31.  South  Carolina  was  the  fecond  ftatc  which 
moved,  in  confequcnce  of  the  Britifh  infTa|||ions  urged 
thereto  by  the  defolated  condition  in  which  tncir  armie* 
had  left  that  country,  by  the  debts  they  owed,  and  the 
almoft  entire  deftruAion  of  the  means  of  paying  them. 
They  paffed  [D.  7.  20.]  1784,  March  26,  ant)rdinance 
refpe^ing  the  recovery  of  debts,  fufpending  the  recovery 
of  all  aAions,  as  well  American  as  Britifh,  for  9  months, 
^nd  then  allowing  them  to  recover  payment  at  four  equal 
and  annual  inflalments  only,  reqiuring  the  debtor,  in  the 
mean  time,  to  give  good  fecurity  for  his  debt,  or  other- 
ivife  refufing  him  the  benefit  of  the  aA — by 

[D.  2 1 .]  1 787,  March  28.  An  aft  to  regulate  the  reco- 
very and  payment  of  debts,  and  prohibiting  the  importa- 
tion of  negroes,  they  extended  the  inftalments  a  year 
further  in  a  very  few  cafes.  I  have  not  been  able  to  pro- 
cure the  two  foUpwing  afts  [D.  14.]  1785,  0&..  12,  Au 
atl  for  regulating  fales  under  jexecutions,  and  for  other 
purpofes  therein  mentioned,  and 

[D.  22.]  1788,  Nov.  4.  An  aft  to  regulate  the  pay- 
ment and  recovery  of  debts,  and  to  prohibit  the  importa- 
tion of  negroes  for  the  time  therein  limited ;  and  I  know 
nothing  of  their  effeft,  or  their  exiflence,  but  from  your 
letter,  which  fays,  their  effeft  was  to  deliver  property  in 
execution,  in  relief  of  the  body  of  the  debtor,  and  fUU 
further  to  poftpone  the  inflalments. ,  If^  during  the  exift- 
cnce  of  material  infraftions  on  the  part  of  Great  Britain, 
it  were  neceffaiy  to  apologize  for  thefe  modifications  of  the 
proceedings  of  the  debtor,  grounds  might  be  found  in  tha 
peculiar  diftrefTes  of  that  ftate,  and  the  liberal^ity  witK 
which  they  haid  complied  with  the  recommendatory  articles, 
notwithftanding  their  fufferihgs  might  have  infpired  other 
difpofitions,  having  pardoned  every  body,  received  every 
body,  reftored  aU  confifcated  landa  not  fold,  and  the  prices 
of  thofe  fold. 

Seft.  32.  Rhode  Ifland  next  afted  on  the  Britifh  infrac- 
^99,  '^nd  imposed  modi^cationt^  in  fiivor  of  fuch  debt0jf| 


rel 

of  I 
jail 
or( 


Sd 
for 
for 


>' 


othcr- 


le  pay- 

iporta- 

know 

your 

kerty  in 

IndftiU 

exift- 

kttain» 

of  the 

in  tk« 

witlv 

cickst 

other 

etcry 

I  prices 

infrac- 
|ebtoi| 


C    61     1 

pM  ihouHl  be  purfued  by  their  creditor!,  permitting  them  to  Debts, 
relieve  their  bodies  from  execution,  by  the  payment  of  pa<  ^*"*'J2]?ii 
per  money,  or  delivery  of  property.     Thit  Wi.«  the  effe£l  '^****      ' 
of  [D.  ta.3  1786,  Mar,  An  9&  to  enable  any  debl^pr  in 
jail,  on  execution  at  the  fuit  of  any  creditor,  to  tender  real, 
or  certain  fpcclfic  articles  of  perianal,  eftate,  and 

[D.  16.3  1^86,  May,  An  a6fc  making  paper  money  a 
legal  tender.  But  obfenre,  that  this  was  not  till  A&rf^jrrarj 
after  the  infractions  by  Great  Britain,  and  repeated  and 
conftant  refufah  of  compliance  on  their  part. 

8e6k.  33.  New  Jerfey  did  the  fame  thinr,  by 

[D.  13,3  1786,  Mar.  23,  An  ad  to  dire£^  the  modes 
of  proceedings  on  writs  of  fieri  facias,  and  for  transferring 
lands  and  chattels  for  payment  of  debts,  and 

[D.  f8.]  1786,  May  26,  An  ad  for  ftriking  and  mak- 
ing current,  ;^.  100,000  in  bills  of  credit,  to  be  let  out  on 
loan,  and 

[D.  17.3  1786,  June  I,  An  a£i  for  making  bills, 
emitted  by  the  aCl  for  raiHng  a  revenue  of  £.  31,259:  5 
per  annum,  for  25  years,  a  legal  tender,  and 

Sedt.  34.  Georgia,  by  [D.  19.3  1786,  Aug,  14,  An  aft 
for  emitting  the  fum  of  £,  50,000  in  bills  of  credit,  and 
for  eftahKfhing  a  fund  for  the  redemption,  and  for  other 
purpofes  therein  mentioned,  made  paper  money  alfo  a  legal 
tender. 

Thcfe  are  the  only  ftates  which  appear,  by  the  a£ts  cited 
in  your  letter,  to  have  modified  the  recovery  of  debts.  But 
I  believe  that  North  Carolina  alfo  emitted  a  fum  of  paper 
money,  and  made  it  a  tender  in  difcharge  of  executions  j 
though,  not  having  feen  the  aft,  I  cannot  aifirm  it,  with 
certainty.  I  have  not  mentioned,  becaufe  I  do  not  vlew 
the  aft  of  Maryland  [D.  15.3  1786,  Nov.  C.  29,  for 
the  fettlcment  of  public  accounts,  &c.  as  a  modiflcatiun 
of  the  recovery  of  debts.  It  obliged  the  Brltifh  fubjeft, 
before  he  could  recover  what  was  ^\k  to  him  within  the 
ftate,  to  give  bond  for  the  payment  of  what  he  owed 
therein.  It  Is  reafonable  that  every  one,  who  afks  juftlcet 
ihould  do  juftlce ;  and  it  is  ufual  to  confidcr  the  property 
of  a  foreigner,  in  any  country,  as  a  fund  appropriated  to 
the  payment  of  what  he  owes  in  that  countiy ,  excluiively, 
(t  is  a  care  which  moil  nations  take  of  their  own  citizens, 
not  to  let  the  property^  which  Is  to  anfwer  their  demands, 
be  withdrawn  from  its  jurifdiftlon,  and  fend  them  to  fcek  it 
in  foreign  countries,  and  before  foreign  tribuqals. 

Seft.  35.  With  refpeft  to  the  obftacles  thus  oppofed  to  the  Itift=lfflcnt». 
Britiih  creditor,  befides  their  general  julllficatioo,  as  being 
produced  by  the  previous  infraftions  on  the  part  of  Great 
Britain,  each  of  them  admits  of  a  fpeclal  apology.     They 
j|re,  ift.  Jp^l^y  of  jud^ent.    ?d.  J^iberatirg  the  body 


C    63     1 

ptbtt,         from  executron,  on  the  deliTciy  of  propertr.  -,5dl  AdnnN. 

MMflSw*  *'"fi»  execuLion*  to  Ik-  diCchargcd  in  paper  money.     ij.«  to. 

ri(^a»Tifnt>  ^^  '^>  ^^  ^'  ^^  confidered,  that  from  the  nnture  of  the 
<^niinn:ce  carried  on  between  thcfc  (late&  tod  Great  Britain* 
tiicy  were  generally  kept  in.  deSt ;  that  a  great  part  of  the 
country,  and  mod  particularly  Georgia,  South  Carolina, 
North  Carolina,  Viigioia,  New  York,  and  Rhode  Uland, 
liad  been  ravaged  by  an  enemy,  moveable  property  canned 
off,  houfes  burnt,  1  mds  abandoned,  the  proprietors  forced 
off  into  exile  and  p^tvcrty.  When  the  peace  permitted  them 
to  return  a^ain  to  their  lands,  naked  and  dcdulate  aa  they 
^rcre,  was  inftaat  payment  pra^'cable?  The  contrary  was 
fo  palpable,  that  tlie  Biritiffi  cn.-ditor&  thcmfdvea  were-  fen- 
ilble,  that  were  they  ta  ruHi  to  jadjrment  immediately 
againft  their  debtors,  it  would  involve  the  debitor  in  total 
i^in,  without  relieving  the  creditor.  It  it  a  fad,  for 
which  we  may  appeal  to  the  knowledge  of  one  member* 
at  lealb,  of  the  Britifh  admin iilration  of  1795,  (hat  the 
chairman  of  the  North  American  merchants,  conferring 
on  behalf  of  thofc  merchants  vrith  the  American  miniflers 
then  in  Lmdon,  ,Was  fo  fenQ'Jc  that  time  was  ncceflTaiy, 
a&  well  to  fave  the  creditor  as  debtor,  that  he  declared  there 
would  not  be  a  moment's  hedtation,  on  the  part  of  the"^' 
creditors,  to  allow  payment  by  tnftalments  annually  for 
feven  years,  and  that  this  airangemeut  was  not  ma4e,  waa 
neither  his  fault  nor  ours. 

To  the  necefikict  for  fomc  delay  in  the  payment  of  debts, 
may  be.  added,  the  Britifh  commercial  regulations,  leflien- 
iiig  our  means  of  payntent,  by  prohibiting  us  from  carry* 
Ing  in  ouv  OMni  bottoms,  our  own  produce  to  their  domtniona, 
in  our  iiaVhbourhood,  and  excluding  valuable  branches  of  it 
from  their  home  markets  by  prohibitory  duties.  The 
means  of  payment  conftitute  one.  of  the  motives  to  purdtafe, 
•dt  the  moment  of  purchafing.  If  thefe  meana  are  taken 
away,  by  the  creditor  himi'df,  he  ought  not  in  cohfctence 
to  conrplaln  of  a  mere  retardation  of  his  debt,  which  is 
the  effe^  of  Ims  own  ai^  and  the  leafl  injurious  of  thofo 
k  is  capable  of  producincr.  Tix  inltnlmcnt  zSts,  before 
enumerated,  have  Ijeea  mu>:h  icfs  p:eneHil»  and  for  a  fborter 
tei-m  than  m'^a-.v.  the  chairn;  n  of  the  Anierican  merchants 
thoug-ht  reafria.ibie.  T/ijIb  of  them  requin^d  the  debtor  to 
;^ive  ieciuitjc,  in  the  mean  time^  to  his  creditor,  and  pro- 
\ididc>inplete  indem^niftcationi of  the  delay,  by  the  pay- 
ment of  intereft,  which  Was  enjoined  in  every  cafe. 

Sevfl.  56.  Tue  fecoad  fjioriea  cf  ol jft acle  was  the  aidmttting 
the  debtor  to  rel.eve  his  fxjdy  fi-om  imprifooibent  by  the 
delivery  of  lands  or  goods  to  his  creditor.  And  is  this 
idea  orijrfnal,  and  piecaL"T:f  to  us  ?  or  whence  h?.ve  we  taken 
it-LTrom  ^l^nglaad,  from  E'ji'ope^  from  natural  right  and 


tn 


t    «3    1 

i^^on.  VoT  k  mny  bf  fifrly  alTii  tnc^  that  neither  natural 
right  nor  reafon  fubjc^'^s  the  bodf  of  a  man  to  reftraint 
'  for  dcht.  It  i«  one  o[  the  abufct  introduced  by  commerce 
and  credit,  and  which  e?cn  the  moft  commercial  nations 
hav':  been  oUi^^  to  relax  in  certain  cafes.  The  Roman 
lawM,  the  principles  of  which  are  the  nearcft  to  natural 
reafon  of  thofe  of  any  municipal  code  hitherto  known, 
allQwed  imprifonment  of  the  body  in  criminal  cafea  only, 
or  thofe  wherein  ther party  had  cxprefsly  fubmltted  himfelf 
to  it»— The  Frvnch  law*  allow  it  only  in  criminal  or  com- 
mercial cafiea.  The  Irwt  of  Encl^nd,  in  certain  dcfcrip- 
.ttans  of  cafes  (as  bankruptcy)  releaCe  the  body.  Many  of 
the  United  States  do  the  fame,  in  all  cafes,  on  n  ccffion  of 
pn>perty  by  the  debtor.  The  lerari  fac|!»t  3°  execution 
affii^ing  only  the  pro/itt  of  landst  is  the  only  one  allowed 
in  England,  in  certain  cafes.  The  elegit,  another  execu- 
tion of  that  and  this  country,  Attaches  firll  on  a  man'a 
choctela,  which  are  net  to  be  fold,  but  to  be  JiEvereJ  la 
the  plaintiff'^  on  a  reaforuMe  appratfunentf  in  pan  of  (atsfac- 
tiqn  for  lius  debt,  and  if  not  fufficient,  one  half  only  of 
iiis  lands  are  then  to  he  delivered  to  the  plaintiff,  till  tlic 
frefitt  fhall  have  IJati&fifd  him.  The  tender  laws  of  thcfc 
fbies,  were  generally  ni'ore  favorable  than  the  execution  by 
elegit,  bccaufe  they  not  only  c;ave,'as  that  does,  the  whole 
property  in  chattels,  but  alfoi^/  ivbole  property  in  the  lands, 
and  not  merely  the  profits  oi  them.  It  is,  therefore,  an 
cxrcuttun  framed  on  the  model  t}f  the  EDglifli  dcgit.  or 
lather  an  amendnu:nt  of  that  writ,  taking  away,  indeed, 
the  clc£bion  of  the  party  againft  the  body  of  hia  debtor, 
b\]t  giving  him,  in  exchange  for  it,  much  more  complete 
remedy  againfl.  his  lanilt.  Let  it  be  obfenred  too,  that 
this  proceeding  was  allowed  a/ainft  chizens,  as  well  as 
foreigners;  and  it  may  be  quefiioned,  whether  the  treaty 
Iffnot  £ttisficd,  while  the  fame  meafiire  is  dealt  out  to  Bri- 
tifli  fubjcds,  as  to  foreigneinof  all  other  nations,  and  to  na- 
tiTes  therofelyea.  Fur  it  would  Teem,  that  all  a  friend  can 
expei^  is  to  be  treated  as  a  native  citiziin*    t   '   i'   ji 

Std,  37.  The  third  obftacle  ttas  allowing 'paper^rhoney 
to  be  paid  for  gocxis  fiuld  under  execution. " .  The  complaint 
on  this  head  is  pnly  againit  Georgia,  S^uth  Carolina, 
Jerfey  and  Rhode  Ifland :  and  tKis  obftm6tion,  like  the 
two  others,  fprong  out  of  the  peculiar  nature,  of  the  war. 
per  thofe  will  form  very  falfe  conclufionr,,  who  reafon,  as 
to  this  war,  from  the  circumftauces  which  have  attended 
other  wars,  and  other  nations.  When,  any  nation  of  Eu- 
rope 13  attacked  by  another,  it  has  netghboui's,  with  whom 
its  accuflomary  commerce  goes  on,  without  interruption  ; 
and  its  commerce  with  more  diflanf  nations  is  carried  nti 
hj  Uzt  in  foreign  bottoms,  at  leall,  under  prote<SlIon  of 


Pcbts. 

/Sm  ricmn 
froccedlnp 

Fac««tW>nt 
patd  oAoi 
fropcny. 


Execution* 
paid  oil'  in 
paper  mo- 
ney- 


t    6+    3 

tithia.        the  laws  of  neutrality-.    The  produce  of  its  foil  can  he 
pM^^JSgs  "changed  for  money,  as  uftial,  and  the  ftock  of  that    *<- 

.  medium  of  circulation  is  not  it  all  diininiihed  by  war;  fo 
paW*^  in*  '^*'  t»ropcrty  fells  as  readily  itnd  as  well,  for  real  moneys 
paper  mo-  at  the  dofe,  as  at  the  conuaenceinent  of  the  wari  But 
*i*y*  how  different  was  our  cafe:  ca  the  nohh  and  fouth^  were 

oin*  enemies:  on  the  weft,  defarts  inhabited  by  favages  in 
league  with  them  ;  on  the  eaft,  an  ocean  of  looc  leagues^ 
^ '  beyond  which,  indeed,  were  nations,  who  might  have  pur> 
chafed  the  produce  of  our  foil)  and  have  given  us  real  mo- 
ney in  exchange,  and  thus  kept  up  our  itock  of  moneys 
but  who  were  deterred  from  coming  to  us,  by  threats  of 
war  on  the  part  of  our  enemies,  if  they  fliould  prefuhie  to 
confidcr  us  as  a  people,  entitled  to  partake  the  benefit  of 
that  law  of  war^  whidi  allows  commerce  with  neutral  na- 
tionsi  What  were  the  confequences?  The  ft<>ck  of  hand 
money  which  we  poficfled  in  an  ample  degree,  at  the  begins 
iiing  of  the  war,  foon  flowed  into  Europe  for  fup^Ue»  of 
itrmfr,  dfhinunitidn  and  other  DeceiFarics,  wfaidi  we  were 
not  id  thie  habit  of  manufaduring  for  ourfdves.  The  pn>^ 
duce  bf  bar  foil^  attempted  to  be  carried  in  our  own  bot-  ^ 
toms  to  £urope«  fetit  two-thirds  of  it,  into  the  hands  of 
otn:  enemies^  who  were  mafters  of  the  fea,  the  other  third 
illy  fufficed  to  procure  the  neceflai^  imjdements  of  war,  id 
that  no  returns  of  money  fupplied  the  place  of  that  which 
had  gone  off*  We  were  reduced  then  to  the  refource  of  a 
paper  mcdititn,  and  thailt  completed  the  exile  of  the  hi^rd 
jmoney :  fo  that,  in  the  latter  ftag«s  of  the  war,  we  were, 
for  years  together,  without  feeing  a  /ingle  coin  of  the  pre- 
cious metals  in  Circulation.  It  was  clofed  with  a  ftipulation 
that  we  (hould  pay  a  large  mafs  of  debt,  in  fiich  coin<  If 
>  the  whole  foil  of  the  United  States  had  been  offered  for 

falc  for  ready  cnin,  it  would  not  have  raifed  as  much  as 
wotdd  have  fatisfied  this  ftipulation.  The  thing  then  was 
impoflible,  and  reafon  and  authority  declare,  *  "  Si  l*em- 
pechement  eft  r^el,  il  feut  donner  du  terns ;  car  nnl  n*e&. 
tenu  a  I'impofllWe."  Vattd,  1.  4,  f.  51— We  flioufd  with 
confidence  have  referred  the  cafe  to  the  arbiter  propofed  by 
another  jurift,  who  lays  it  down,  that  a  party,  f  **  Non 
ultra  obligari,  quam  in  quantum  facere  poteft;  et  an  poflit, 
permittendum  alterius  principis,  qua  boni  viri  arbitrio." 
Bynk  2.  J.  P.  1.  2.  c.  10.  f.  quid.  That  four  of  the  ftates 

*  **  If  the  obfiack  he  reaU  t'ttne  mvfi.ht  ghen,  far  no  one 
if  honnd  to  ««  ImpoUitiTuy**  battel,  1.  4,  f.  5 1 . 

■f-  "  No  one  is  bonnd  beyond  tobat  he  can  iloy  and  whether 
he  cany  may  le  left  to  the  decifion  of  the  other  prince^  at  em  ho- 
vcji  man,**  Bynk.  2.  J.  P.  1.:  2.  c.  lO.  ;  . 


ten  was 
li  I'em- 

fd  with 
»fcdby 
I"  Non 

poflity 

litrlo." 
ftates 

no  me 


whether 
\an  ho- 


tion  of 
congrcfs. 


C    65    J 

jl^ould  riefort,  under  fuch  circumftanceS)  to  very  fmall  emil-  Debts, 
flons  of  paper  money,  is  not  wonderful:  that  all  did  not,  ^""^"jj^J 
proves  their  iirmhefs  under  fufferance,  and  that  they  were 
iiifpofed  to  bear  whatever  could  be  borne,  rather  than  con-  p^"off"iii 
travene^  even  by  way  of  equivalent,   ftipulations,  which  paptrnui- 
had  been  authoritatively  entered  into  by  them.  And  evep^  "^V- 
in  the  foui*  ftates,  which  emitted  paper  money,  it  was  in 
fucb  frtlall  fums,  and  fo  fecured,  as  to  fufFer  only  a  (hort- 
liVed,  and  not  great  depreciation  of  value;  nor  did' they 
Continue  Its  quahty  as  a  tender,  after  the  firft  paroxyfms  of 
dlftrefs  were  over.  Here,  too,  it  is  to  be  obfcrved,  that  na- 
tives were  to  receive  this  f^ecics  of  payment,  equally  with 
Britifli  fubjefts. 

So  that  when  it  is  cohfidered,  that  the  othei*  party  had 
broken  the  treaty,  from  the  beginning,  and  that,  too,  in 
points  which  leflened  our  ability  to  pay  their  debts,  it  was 
a  proof  of  the  moderation  of  our  nation,  to  make  no 
other  ufe  of  the  opportunity  of  retaliation  prefented  to 
thehi;;  than  to  indulge  the  debtors  with  that  time  for  dif- 
charging  their  debts,  vvhich  their  diftreffes  called  for,  and 
the  interefts  and  the  rcafon  of  their  creditors  approved. 

Seft.  38.  It  is  to  be  obferved,  that  duriiig  all  this  time,  Intcrpofi- 
congrefs,  who  alone  poffefTed  the  power  of  peace  and  war, 
of  making  treaties,  and,  corifequently,  of  declaring  their 
Infractions,  had  abftained  from  every  public  declaration, 
and  had  confined  itfelf  to  the  refoliition  of  May  26thj 
1783,  arid  to  repeated  efforts  through  their  minifter  pleni- 
potentiary at  the  coiirt  of  London,  to  lead  that  court  into 
a  compliance  oft  their  part,  and  reparation  of  tfiQ  breach 
they  had  committed.  But  the  other  party  now  laid  hold 
of  thbfe  Very  proceedings  of  duf  ftates,  which  their  previ- 
ous, infra^ions  had  produced}  as  a  ground  for  further  f-efii- 
fal,  and  in>fertirig  the  natural  Order  of  caufe  and  effeft, 
Alleged  that  thefe  proceedings  of  ours  were  the  caufes  of 
the  iufra^ions,  v^hJch  they  had  committed  iftonths  and 
■  years  btffore.  Thus  the  Britifti  minifter  for  foreign  affairs, 
in  his  anfwer  of  February  iSth,  1786,  to  Mr.  Adam*s 
memorial,  fays,^  **  The  engagements  entered  into  by 
treaty  ought  to  be  mutual,  gnd  equally  binding  on  the  re- 
fpeftive  contradHng  parties.  It  would,  therefore,  be  the 
height  of  folly,  as  well  as  injuftlce,  to  fuppofe  one  party 
alone  obliged  to  a  ftrift  obfervance  of  the  public  faith, 
white  the  other  might  remain  free  to  deviate  from  its  own 
engagettiehts,  as  often  as  convenience  might  render  fuch 
deviation  neceflary,  though  at  the  expenCe  ofit*owfi  national 
credit  and  importance :  I  flatter  myfelf,  howevtrj'  fif,  that 
juftice  will  fpeedily  be  done  to  Briti^  creditors;  and  I  can 
uflure  you,  fir,  that  whenever  America  fhall  manifeft  a  real 
intcntioR  to  fulfil  her  part  of  the  treaty,  Great  Britain  will 

Kk       ■ 


t  i6  J 


fSiebts. 
Ihtetpofl- 
tion  (.f 
coiigrc&. 


ifo.  3X. 


State  adb 
of  acquie^ 
eence. 

No.  31,  33, 
34,  35.  2fi, 
37.  38.  39. 
40. 

No.  41,  49, 
43- 

Noi  44. 


not*hefitate  to  prore  her  fincerity  to  co-operate  in  whatcttf 
points  deptrd  upon  her,  for  carrying  tvery  article  of  it 
into  real  and  complete  effe£l."  Fads  will  fumtih  the  beft 
commentary  on  this  letter.  Let  us  purfue  them. 

The  fecretary  for  foreign  affairs  of  the  United  8tateS| 
ty  order  of  congrefs,  immediately  wrote  circular  letters  to 
the  governors  of  the  feveral  (tates,  dated  May  3d,  17861 
[No.  31.3  to  obtain  information,  how  far  they  had  com* 
plied  with  the  proclamation  of  January  I4thj  1784)  and 
the  recommendation  accompanying  it;  and  ^pn[  13,  1787, 
Congrefs,  delirous  of  removing  every  pretext  which  might 
continue  to  cloak  the  inexecution  of  the  treaty,  wrote  a 
circular  letter  to  the  feveral  ftates,  in  which,  id  order  to 
produce,  more  furely,  the  efieft  defired^  they  deftionftrate, 
that  congrefs  alone  poffefs  the  right  of  interpreting,  re- 
ilraining,  impeding  or  countera£ling,  the  operation  and 
execution  of  treaties,  which,  on  being  conftitutionally 
made,  become,  by  the  confederation,  a  part  of  the  law  of 
the  land,  and  as  fuch,  independent  of  the  will  and  power 
of  the  legiflatures :  that,  in  this  point  of  view^  the  ftate 
a£ls,  eftablifhing  provifiont  relative  to  the  fame  obje^,  and 
incompatible  with  it,  muft  be  improper:  refolving,  that  all 
fuch  ads  now  exifting  ought  to  be  forthwith  repesded,  as 
well  to  prevent  their  continuing  to  be  regarded,  as  viola- 
tions of  the  treaty,  as  to  a!void  th^  difagreeable  neceffity  of 
difcufling  their  validity;  recommending,  in  order  to  obvl- 
ate  all  future  difputes  and  qaeftions,  that  every  ftate,  as 
well  thofe,  which  had  paffed  no  fuch  ads,  as  thofe,  which 
had,  fliould  pafs  an  ad,  repealing,  in  general  terms,  alt 
ads  and  parts  of  ads  repugnant  to  the  treaty,  and  encou- 
raging them  to  do  this,  by  itifotming  them  that  they  had 
the  ftrongeft  affurances,  that  an  exad  compliance  with  the 
treaty,  oa  our  part,  would  be  foDowed  by  a  pundual  per^ 
Ibrmance  of  it,  ou  the  part  of  Great  Britain* 

Sed.  19.  In  confequence  of  theie  letters,  Ktv^  ilamp^ 
fhirey  Maffachufetts,  Rhode  Idand,  Connedicut,  New 
York,  Delaware,  Maryland,  Virginia,  and  North  Carolina, 
paffed  the  ads,  No.  3a,  33,  34,  35,  36,  37,  38,  ^9^40. 
New  Jerfey  and  Pennfylvania  declared  that  no  law  exifted 
with  them,  repugnant  to  the  treaty  ffee  Documents  No.  41, 
42,  43.] — Georgia  had  no  law  exifting  againft  the  treaty. 
•—South  Carolina,  indeed,  had  a  law  exifting,  which  fub- 
jeded  all  perfons,  foreign  or  native  [No.  44.1  to  certain 
modifications  of  recoveiy  and  payment.  But  the  liberality 
of  her  condud,  on  the  other  points,  is  a  proof  fte  would 
i^ave  conformed  in  this  alfo,  had  it  appeared  that  the  fullcft: 
conformity  would  have  moved  GreatBritain  to  compliaBce> 
a6d  had  an  exprefs  repeal  been  really  neceffary. 


»' 


M 


C   67    ] 

ScA.  40.   Por  indeed  all  this  was  fupererogation.    It  Debt*, 
Vfulted  nom  the  inftrument  of  confederation  among  the  '^''^^''^ 
ftates,  that  treaties  made  by  congrefs  according  to  the  inviT* 
confederation,   were  fuperior  to  the  laws  of  the  Hates. 
The  circular  letter  of  congrefs  had  declared  and  demon- 
ftrated  it,  and  the  feveral  ftates,  by  their  a£ts  and  expla- 
nations  before  mentioned,  had  (hown  it  to  be  their  own 
fenfe,  as  we  may  fafely  affirm  it  to  have  been  the  ge* 
neral  fenfe  of  thofe,  at  leaft,  who  were  of  the  profeffion 
of  the  law.    ^efidcs  the  proof  of  this,  drawn  from  the 
a(k  of  confederation  itfelf,  the  declaration  of  congrefs  and 
the  afts  of  the  ftates  before  mentioned,  the  fame  princi- 
ple will  be  found  acknowledged  in  feveral  of  the  doca- 
ments  hereto  annexed  for  other  purpofes.  Thus,  in  Rhode 
Ifland,    Governor  Collins,    in  his  letter,    No.   20,  fays,  No.  aor 
**  The  treaty,  in  all  ///  ab/olute  parts,  has  been  fully  com- 
plied with,  and  to  thofe  parts,  that  are  merely  recommeri' 
dtUory,  and  depend  upon  the  kgiflat'we  diferetton^  the  moft 
candid  attention  hath  been  paid."  Plainly  implying,  4hat 
the  abfolute  parts  did  not  depend  upon  the  legiflatlve  dtfcretion. 
Mr.  Channing  the  attorney  for  the  United  States,  in  that 
ftate.  No.  19,  fpeaking  of  an  a£k  paiTed  before  the  treaty.  No.  19. 
fays,  this  adt  was  confidered  by  our  courts  as  annulled  by 
the  treaty  of  peace,  and  fubfequent  to  the  ratification  there- 
of, no  proceedings  have  been  had  thereon."    The  gover- 
nor of  Connef^icut,  in  his  letter.  No,  18,  fays,  **  The  No.  18, 
fixth  article  of  the  treaty  was  immediately  obfervcd  on 
receiving  the  fame,  with  the  proclamation  of  congrefs, 
the  courts  ;ofjuftice  adopted  it  as  a  principle  of  law.  No 
further  profecutions  were  inftituted  againft  any  perfon  who 
came  within  that  article^  and  all  fuch  profecutions,  as  were 
then  pending,    were  difcoiitinued."    Thus,  profecutions  - 
going  on,  under  the  law  of  the  ftate,  were  difcontinued, 
by  the  treaty  operatix\g  as  a  repeal  of  the  law.  In  Penn- 
fylvaoia,  Mr,  Lewis,  attorney  for  the  United  States,  fays, 
in  his  letter.  No.  60,  **  The  judges  have,  unltbrmly  and  No.  6ok 
without  hefitation,  declared  in  favor  of  the  treaty,  on  the 
ground  of  its  being  the  fupreme  law  of  the  land.  On  this 
ground,  they  have  not  only  difcharged  attainted  traitors 
mm  arrelts,  but  have  frequently  declared,  that  tliey  were 
entitled  by  the  treaty,  to  protedion,**    The  cafe  of  the 
q>mmonweaIth  v.  Gordon,  Binuary  1788,  Dallas's  reports 
?33>  is  3  proof  of  this.    In  Maryland,  in  the  cafe  of  Mil-  ^ 
dred  v.  Dorfey,  cited  in  your  letter  |^E.  4.3  a  law  of  the 
ftate,  made  dunng  the  war,  had  coinpelled  thofe,  who 
owed  debts  to  Britiih  fubjefts,  to  pay  them  into  the  trea- 
fury  of  that  ftate.  This  had  been  done  by  Dorfev,  before 
the  date  of  the  treaty ;   yet  the  judges  of  the  ^oAe  geftc- 
val  court  deci4,cd»  diat  the  treaty  nut  only  rc^alqd  the 


if?" 


ft: 


?e1its. 
reatien 
controul 
laws. 

No.  52. 


1^0.  4^. 


r  68  3 

law  for  the  future,  but  for  the  paft  alfo,  and  decreed^  •* 
that  the  defendant  (hould  pay  the  money  over  again  to  th^ 
]Britlfli  creditor.  In  Virginia,  Mr.  Monroe,  one  of  the 
ienators  of  that  date  in  congrcfs,  and  a  lawyer  of  enii-i 
nence,  tells  us,  No.  52,  that  both  court  and  counfel  there 
^vowed  the  opinion,  that  the  treaty  would  (^ontroul  any  law 
9f  the  ftate  oppofed  to  it.  And  the  legiflatiire  itfelf,  in 
an  a£l  of  Odober  1787*  C.  36,  concerning  monies  carried 
into  the  public  loan  office,  in  payment  of  Britilh  debts,  ufe 
thefc  expreffions.  "  And  whereas  it  belongs  not  to  the 
Icgiflature  to  decide  particular  queftions,  of  which  the 
judiciary  have  cognizance,  and  it  is,  therefore,  unfit  for 
them  to  determine,  whether  the  payments  fo  made  into 
the  loan-of&ce,  be  good  or  void  between  the  creditor  and 
debtor."  In*New  York,  Mr.  Harrifon,  attorney  for  th«; 
United  States,  in  that  diftrift,  aflures  us,'  No.  45,  tha^ 
the  a£i  of  1782,  of  that  ftate,  relative  to  debts  "due  to 
perfons  within  the  enemy's  lines,  was,  immediately  af- 
ter the  treaty,  reftrained  by  the  fuperior  courts  of  the  Jlate^ 
from  operating  oh  Britifh  creditors,  and  that  he  did  nqt 
know  a  fingle  inftance  to  the  contrary  :  a  full  proof,  cha|^ 
they  confidered  the  treaty,  as  a  law  of  the  land,  paramount 
to  the  law  of  their  ftate. 

Seft.  4.1.  The  very  cafe  of  I^utgers  y.  Waddlngtoh 
[£.  8.]  which  is  a  fubje£t  of  complaint  in  your  letter,  x^ 
a  proof  that  the  courts  confider  the  treaty  as  jparamount 
to  the  laws  of  the  ftates.  Some  parts  of  your  information, 
as  to  that  cafe,  have  been  inexaft.  The  ftate  of  Ne\y 
York  had,  during  the  war,  pafltd  an  aft  [C.  16.3  de- 
claring that,  in  any  aftion  by  the  proprietor  of  a  houfe 
or  tenement  againft  the  occupant,  for  rent  or  damage,  no 
military  order  ftiould  be  a  juftlfication  :  And  May  4th, 
i  784,  after  the  refufal  of  the  Priti{K  to  deliver  up  the 
potts  in  the  ftate  of  New  York,  that  legiflature  re- 
vived the  fame  aft  [C.  19.3  Waddingtpn,  a  British 
fubjeft,  had  occupied  a  brew-houfe  in  New  York,  belong, 
ing  to  Rutgers,  an  American,  while  the  3ritifh  were  in 
poffeffion  of  New  York.  During  a  part  of  the  time,  he 
had  only  permifiion  from  the  quarter-mafter-general  \  for 
another  part,  he  Iiad  an  ord^er  of  .the  commanding  officer, 
to  authorize  his  pofTeuion.  After  the  evacuation  of  the 
city,  {lutgers,  under  the  authority  of  this  law  of  th« 
ftate,  brought  an  aftion  againft  Waddington,  for*  rent 
and  damages,  in  tlie  mayor's  court  of  New  York.  Wad- 
dington pleaded  the  treaty,  and  the  court  declared  the 
treaty  a  juftification,  in  oppofition  to  the  law  of  the  ftate, 
for  that  portion  of  time  authorized  by  the  commanding 
officer,  his  authority  being  competent,  and  gave  judgment 
;for  that  part,  in  favor  of  the  defendant.  But  for  the  time 


t  69   3 


hq  held  the  houfe,  under  pertnllfion  of  the  quarter-maftcr-  Bch\.v 
general  only,  they  gave  judgment  againft  the  defendant,  /^^^'i^^'^ 
^onfidering  the  permiffion  of  that  omcer  as  incompetent,  ^^rs. 
'according  to  th^  regulations  of  the  exifting  powers.  From  , 

this  part  of  the  judgment,  the  defendant  appealed.  The 
Jiril  part,  however,  was  an  unequivocal  decifion  of  the 
fuperlor  authority  of  the  treaty  over  the  law.  The  latter 
^art  could  only  have  been  founded  in  an  opinion  of  the 
fenfe  of  the  treaty  in  that  part  of  the  6th  article,  which  < 
declares,  "  There  (hall  be  no  future  profecutions  againft 
any  perfon,  for  the  part  he  may  have  taken  in  the  war, 
and  that  no  perfon  ihould,  on  that  account,  fuffer  any 
futiu'c  lofs  or  damage  in  their  property,  &c."  They  mufij 
have  underflood  this  as  only  protefling  adlions,  Avhich 
were  conformable  with  the. laws  and  authority  exifting  at 
the  time  and  place.  The  tenure  of  the  defendant  under 
the  quarter-mafter-general  was  net  fo  conformable.  That 
under  the  commanding  officer  was.  Some  may  think, 
that  murders  and  other  c^'imes  and  offences,  charadlerifed, 
as  fuch,  by  the  authority  of  the  time  and  place,  where 
committed,  were  meant  to  be  protedled  by  this  paragraph 
of  the  treaty  :  and,  perhaps,  for  peace  fake,  this  conftruc- 
tion  may  be  the  moft  convenient.  The  mayor's  court, 
however,  feems  to  have  revolted  at  it.  The  defendant  ap- 
pealed, and  the  queflion  would  have  been  authoritatitely 
decided  by  the  fuperior  cour^  had  not  an  amicable  com- 
promife  taken  place  between  the  parties.  See  Mr.  Hamil- 
ton's flatement  of  this  cafe,  No.  46. 

SeA.  42.  The  falme  kind  of  doubt  brought  on  the  ar- 
reft  of  John  Smith  Hatfield,  in  New-jerfey,  whofe  cafe 
[E.  9.}  is  another  ground  of  complaint  in  your  letter.  A 
refugee,  fent  out  by  the  Britiih  as  a  fpy,  was  taken  with- 
in the  American  lines,  regularly  tried  by  a  court  martial, 
found  guilty,  and  executed.  There  was  one  Ball,  an  in- 
habitant of  the  American  part  of  Jerfey,  who,  contrary 
to  the  laws  of  his  country,  was  in  the  habit  of  fecretly 
Supplying  th^  Britifli  camp  in  Staten  Ifland,  with  provi- 
fions.  The  firil  time  Ball  went  over,  after  the  execution 
of  the  fpy,  of  which  it  does  not  appear  he  had  any  know- 
ledge, and  certainly  no  agency  in  his  profecution,  John 
§mith  Hatfield,  a  refugee  alfo  from  Jerfey,  and  fome 
others  of  the  fame  defcription,  feized  him  againft  the  ex- 
jik.'efs  orders  of  the  Britifh  commanding  officer,  brought 
'Hiim  out  of  the  Britifh  lines,  and  Hatfield  hung  him  with 
his  own  hands.  The  Britifh  officer  fent  a  meflage  to  the 
Americans,  difavowing  this  a£l,  declaring  that  the  Britifh 
had  nothing  to  do  with  it,  and  that  thofe  who  had  per- 
petrated the  crime,  ought  alone  to  fuffer  for  it.  The  right 
|9  puuiih  the  guilty  individual  feems  to  have  been  yield* 


No.  46, 


Ocbti. 

Treatks 
control)! 
tawfc 


t     70     1 

ed  by  the  one  purtft  and  accepted  by  the  other,  in  ex<i 
change  for  that  of  retaliation  on  an  innocent  perfon  }  ^  an 
cxchangCy  which  humanity  would  wifli  to  fee  habitual^ 
The  cnihinal  came  afterwards  into  the  very  neighbour-. 
|iood«  a  member  of  which  he  had  murdered.  Peace,  in^ 
deed,  had  now  been  made,  but  the  magiflrate,  thinking 
probably,  that  it  was  for  the  honeft  foldier  and  citizen  onlyi| 
and  no;^  for  the  murderer,  and  fuppofing,  wit^  the  mayo^$ 
court  of  New  York,  that  the  paragraph  of  the  treaty 
againft  future  profecutions  meant  to  cover  authorized  ad^ 
only,  and  not  murders  and  other  atrocities,  difavowed  by 
the  exifting  authority,  arrefted  Hatfield.  At  the  court, 
which  met  for  his  trial,  the  witnefles  failed  t<^  ^tend. 
The  court  relcafed  the  criminal  from  confineo^ent,  on*  his 
giving  the  fecurity  required  by  law  for  his  appearance  at 
another  court.  He  fied ;  and  you  fay  that  **  as  h'is  friends, 
doubted  the  difpofition  of  the  court  to  determine  accord- 
ing to  the  terms  of  the  treaty,  they  thought  it  morepru- 
dent  to  fuffer  the  forfeiture  of  the  recognizances,  than  to 
put  his  life  again  into  jeopardy.''  But  your  information* 
in  this,  fir,  has  not  been  ejiadl.  The  recognizances  are 
not  forfeited.  His  friends,  confident  in  the  opinion  of 
their  counfdl,  and  the  integrity  of  the  judges,  have  de<. 
termined  to  plead  the  treaty,  and  not  even  give  thenafv.'lvsi^ 
the  trouble  of  afking  a  rekafe  from  the  Jegiflature ;  and 
the  qde  is  now  depending,  S^ee  the  letter  of  Mr.  Bou- 
dinot,,  member  of  congrefs  for  Jerfey.  No.  47. 

Se£fc.  43.  In  Georgia,  Judge  Walton,  in  a  charge  tot 

^      ft.    1,  *  grand  jury,  fays,  *.*  The  ftate  of  Rhode  Ifland  having. 

xT^  '  acceded  to  the  federal  conftitution,  the  union  and  govern- 
ment hav^  become  complete.  To  conlprehend  the  extent 
pf  the  general  govern  inent,  and  to  difcern  the  relation  be- 
tween that  and  thofe  of  the  ftates,.  will  he  equally  our  In- 
tereft  and  duty.  The  conftitution,  laws  and  treaties  of  the 
anion  9X€  paramount.**  And  in  the  fame  ftate,  in  their  lait 
federal  circuit  court,  we  learn  from  the  public  papers* 
that  in  a  cafe  wherein  the  plaintiffs  were  Brailsford  and[ 
others,  Britifh  fubjeflis,  whofe  debts  had  been  fequeftered 
(not  confifcated)  by  an  ad  of  the  {^ace  during  the  war,^ 
the  judges  declared  the  treaty  of  peace,  a  repeal  of  the. 
a£l  of  the  ftate,  and  gave  judgment  for  the  phuntiffs. 

JvdicatQres      SeSt,  44.  The  integrity  of  thofe  opinions  and  proceed- 

vmdicated*  ingg  of  the  feveral  courts,  fiiould  have  ihielded  them  fron 
the  infinuations  hazarded  againft  them.    In  page  17,  it  wr 

.  (aid,  "  That  during  the  war,  the  legiflatures  pafted  laws 

to  confifcate.  the  eftates  of  the  loyalifts,  to  enable  debtors 
to  pay  into  the  ftate  treafuries  paper  9ioney,  then  exceed" 
ingly.  depredated,  in  difcharge  of  their  debts."  And 
page  23,  "  The  difpenfatiajw  of  law  ^^  the  Jfcie  courti 


Mo.  47. 

SeeGeori^ 
Gazette, 


Irw- 
th& 
laft 

)ers» 


ced- 


t  It  i 

iidVe  \)etn  as  ftnpropitious  to  the  fubjedks  of  the  crown,  as  betyts. 
the  legiflatwe  aas  of  the  different  affemblies."  Let  us  Jj^JgJJjJ 
tompare,  if  you  pleafct  ^^*  tbcie  unpropitious  opinions  of 
our  ftate  courts,  with  thofe  of  foreign  lawyers,  writing 
on  the  fame  fubjeft.  *  "  Quod  dixi  de  a^^onibus  re£le 
jpublicandis  ita  demum  obtinet :  fi  quod  fubditi  noftri  hof- 
tibus  noftris  debent,  princeps  a  fubditis  fuiti  h:vera  txC" 
gerit.  Si  exeeerit,  refie  folutum  eft,  fi  non  exegerit,  pace 
ta£la,  revivilcit  jus  priftinum  creditoris"—- **  fecQndum 
haec  incer  gentes  fere  convenit,  ut  nominibtis  bello  publi- 
catis,  pace  deinde  fadi,  exa^a  cenfeantur  perifie,  et  fna- 
neant  extindta ;  non  autem  exa£):a  reviyifcant  et  reftitu- 
antur  veris  creditoribus.*'  Bynk.  Q;_J.  P.  1.  i.  c.  7.-  But 
ivhat  faid  the  judges  of  the  ftate  court  of  Maryland  in 
ihe  cafe -of  Mildred  and  Dorfey  i  That  a  debt  forced  from 
an  American  debtor  into  the  treafury  of  his  fovereign,  is 
hot  extind,  but  (hall  be  paid  over  again  to  his  Britifli 
creditor.  Which  is  moft  propitious,  the  unbiafTed  foreign 
Jurift,  or  the  American  judge,  charged  with  difpenfing 
juftice  with  favor  and  partiality  ?  But  from  this,  yoii  fay, 
there  is  an  appeal.  Is  that  the  fault  of  the  judge,  or  the 
fault  of  any  body  ?  Is  there  a  country  on  c;aith,  or  ought 
there  to  be  one^  allowing  no  appeal  from  the  iirft  errors 
of  their  courts  ?  and  if  allowed  from  errors,  how  will 
thofe  from  juft  judgments  be  prevented  ?  In  England,  as' 
in  other  countries,  an  appeal  is  admitted  to  the  party 
itiinking  himfelf  injured }  and  here,  had  the  judgment 
been  againft  the  Britilh  creditor,  and  an  iq)peal  denied, 
there  would  have  been  better  caufe  of  complaint  than  for 
not  having  denied  it  to  his  adverfary.  If  an  i/legat  judg- 
ment.he  ultimately  rendered  on  the  appeal*  then  wiU  arife 
the  right  to  queftion  its  propriety. 

Sed.  45.  Again  it  ia  faid,  page  27*  '*  In  one  ftate 
the  fupraw  federal  court  has  thought  proper  to  fufpend  for 
many  months  the  final  judgment  on  an  adion  of  debt, 
brought  by  a  Britifli  creditor.**  If  by  the  fufreme  federal 
court  be  meant  the  fuprcme  couri  of  the  United  States j  I  have 
had  their  records  examined,  in  order  to  know  what  may 

*  **  What  I  have  feud  of  things  in  oQion  being  rightly  cOn- 
jyiated,  holds  thus  : — If  the  prince  really  exaSs  from  his  fuh- 
Je9s  <athat  they  owed  to  our  enemies ^  if  he  Jhall  have  exaSed 
it,  it  is  rightfully  paid;  if  he  Jhall  not  have  exaffed  it,  peace 
bang  made,  the  former  right  of  the  creditor  revives— -accord- 
ingly  it  is  for  the  moft  part  agreed amon^  nations,  that  things  In 
aSion  being  oonfifcated  in  vmr,  the  peace  being  made,  thofe 
which  were  pead  are  deemed  to  have  perched,  and  remain  ex- 
tinS  ;  but  thofe  not  paid,  revive,  and  are  reftcrcd  to  their  true 
creditors,  Bynk,  Q^J.  P.  1.  i.  c.  7. 


i 


73   3 


i>el)tf,  be  the  cafe  here  alluded  to  {  and  I  am  authorized  te  fayf 
^'^cate"  ^ete  neither  doe»,  nor  ever  did  exift  any  caufe,  befprd 
'  that  court)  between  aBritifh  iubjedl  and  a  citizen  of  thq 
tJnited  States.  See  the  certificate  of  the  clerk  of  the 
No.  4S.  court.  No.  48.  If  by  the  fupremf  federal  court  be  mean^ 
fiir  of  ike  ciretat  courts  of  toe  United  Statef,  then  which 
circuit,  in  which  ftate,  and  what  cafe,  is  meant  ?  In  th(i 
courfe  of  enquiries  I  have  been  obliged  to  make,  to  fin4 
whether  there  exifts  any  cafe,  in  any  diftn£t  of  anv  circuit 
court  of  the  United  States,  which  might  have  given  rife 
to  this  complaint,  I  have  learnt,  that  an  adton  was  brought 
to  iflue,  and  argued  in  the  circuit  court  of  the  Unitea 
States,  in,  Virginia,  at,  their  l^ft  term,  between  Jones,  a 
)3ritifh  fubjed,  plaintiflF,  and  Walker,  an  American,  de* 
fendant ;  wherein  the  ^ueftion  was  the  fanne,  as  in  the  cafe  ' 
of  Mildred  and  iJorfey,  to  wit:  Whether  a  payment  into 
the  treafury,  during  the  war,  under  a  law  of  the  ftate^ 
difcharged  the  debtor  ?  One  of  the  judges  retiring  from, 
court,'  in  the'tnidft  of  the  argument,  on  the  accident  of 
the  death  of  an  only  fon,  and  the  cafe  being  primae  im«» 
prefliones  in  that  courts  it  was  adjourned,  for  confideration, 
till  the  enfuing  term,  ^ad  the  two  remaining  judges  felt 
no  motive,, but  of  predilection  to  one  of  the  parties,  had 
they  confidered  only  to  which  pairty  their  wifhes  were  pro- 
pitious or  unpropitious,  they  poflibly  might  have  decide^ 
that  queftibn  on  the  fpot.  But  learned  enough  in  their  fci- 
ence,  to  fee  diffioutties  which  efcape  others,  and  having 
characters  and  coufciences  to  fafisfy,  they  followed  the  ex- 
ample fo  habituaUy  and  fo  laudably  fet  by  the  courts  of 
your  country,  and  of  every  coOntrv,  where  law,  and  not 
favor,  is  the  rule  of  decifton,  of  taking  time  to  confider.' 
Time  and  confideratioh  are  favorable  to  the  right  caufe-^ 
precipitation  to  the  wrong  onc:^' 

Se^.  46.  You  fay  agam*,  page  25.  "  The  few  attempts 
t;o  recover  Britifh  debts,  In  the  county  courts  of  Virginia, 
have  univerfally  failed,  and  thefe  are  the  courts  wherein, 
from  the  fmallnefs  of  the  fum,  a  confiderable  number  of 
debts  can  only  be  recovered."  And  again,  page  aR.  "  tn 
the  fame  itate,  the  county  courts  (which  alone  can  take 
cognizance  of  debts  of  limited  amount)  have  uniformly 
rejeaed  all  fuits  inltituted  for  the  recovery  of  iiims  due  16 
the  fubjedts  of  the  crown  of  Great  Britain.^*  J?n  the  firft 
place,,  the  county  courts,  till  of  late,  have  had  eiclufive 
jurifdiiEtlon  only  of  fums  below  ;^.  io,  and  it  is  knowA," 
that  a  very  incOnfiderable  proportion  of  the  BritlHi  debt, 
coniifts  in  demands  below  that  fum.  A  late  law,  we  afe 
told,  requires,  that  actions  below  j^.  30,  fhall  be  corii- 
mencedi  in  thofc  courts;  but  allows,  at  the  fame  time,  an 
appeal  to  corre6t  any  errors  into  tnhich  they  may  fill.  In 


No.  5  a,  53' 


an 
In 


t     73     1 

the  fc'cond  place,  the  evidence  of  gentlemen  who  are  in  the  Debts.  • 
way  of  knowing  the  fad  [No.  52,  53.]  is,  that  though  ^!'*'}J^''*"'T' 
there  have  been  accidental  checks  in  fome  of  the  fubordi- 
nate  courts,  ariiing  from  the  chicanery  of  the  debtors,  and 
fometimes,  perhaps,  a  moment  of  error  in  the  court  itfelf, 
yet  thefe  particular  inftances  have  been  immediately  redi- 
ficd,.  either  in  the  fame  or  the  fuperior  court,  while  the 
great  mafs  of  fuits  for  the  recovery  of  fums  due  to  the  fub- 
js6ks  of  the  crown  of  Great  Britain,  have  been  uniformly 

fuftained  to  judgment  and  execution.- 

.  Sc£l.  47.  A  much  broader  aflertion  is  hazarded,  page 
26;  **  In  fome  of  the  fouthem  ftates,  there  does  not  exiil 
a  Hnglc  inftance  of  the  recovery  of  a  BritiHi  debt  in  their 
courtd,  though  many  years  have  expired  rinc,e  the  e(tabli(h- 
ment  of  peace  between  the  two  countries.*'  The  particular 
ijjatcs  are  not  fpecified.  I  have,  therefore,  thought  it  my 
duty  to  extend  my  enquiries  to  all  the  {tates  which  could  be 
defignated  under  the  defcription  of  fouthem,  to  wit :  Ma- 
ryland, and  thpfe  to  the  fouth  of  that.  ^ 

As  to  Maryland,  the  joint  certificate  of  the  fenators  and  No.  49,  5#» 
delegates  of  the  ftate  in  congrefs,  the  letter  of  Mr.  Tilgh-  ^^' 
man,  a  gentleman  of  the  law  in  the  fame  Hate,  and  that 
ef  Mr.  Gvvinn,  clerk  of  their  general  court,  prove  that 
Britifh  fuits  have  been  maintained  in  the  fuperior  and  infe- 
rior coiirtP  throughout  the  ilate  without  any  obftrudlion; 
that  B.ritifii  claimants  have,  in  every  inftance,  enjoyed  every 
facility  in  the  tribunals  of  juitice,  equally  with  their  own 
citizens ;  and  have  recovered  in  due  courfe  of  law,  and 
remitted  large  debts,  as  well  under  contrails  previous,  as 
fubfequent  to  the  vsrar.      ,     .     ?     •  ,  ^      ,* .  . 

.In,  Virginia,  the  letters  of  Mr.  Monrde^  and  Mr.  Giles,  No-ja,  5.?. 
members  of  congrefs  from  that  ftate,  and  lawyers  of  emi- 
nence in  it,  prove  that  the  courts  of  law  in  that  ftate  have 
been  open  and  freely  reforted  to  by  the  Britiih  creditors, 
who  have  recovered  and  levied  their  monies  without  ohftruc- 
tion :  for  we  have  no  right  to  confider  as  obftruftions,  the 
dilatory  pleas  of  here  and  there  a  debtor,  diftrefled  per- 
haps for  time  or  ey^n  an  accidental  error  of  opinion  in  a 
fubordinate  court,. when  fuch  pleas  have  been  over-ruled,  and 
fuch  errors  corredted  in  a  due  conrfe  of  proceeding  marked 
out  by  the  laws  in  fuch  cafes.  The  general  faii^  fuffices  to 
ihow  that  the  aiTertion  under  examination  cannot  be  ap- 
plied to, this  ftate. 

In  North  Carolina,  Mr.  Johnfton,  one  of  the  fenators 
for  that  ftate,  tells  us  he  has  heard,  indeed,  but  of  few 
fuits  brought  by  Britiih  creditors  in  that  ftate :  but  that 
he  never  heard  that  any  one  had  failed  of  a  recovery,  be- 
caufe  he  was  a  Britifh  fubje£l;  and  he  names  a  particular 
cafe  of  Elmfley  v.  Lee's  executors,  "  of  the  recovery  of 

LI 


f.*' 


%>.56> 


ttlfi^.         a  Britllh  debt  in  tlie  fupcn'or  court  at  £dent(to.''  See  l/tt, 

fcdSSr  Joh«fton*»  'ctter,  No.  54. 

ho.  54.  In  South  Carottnai  we  karn  from  No.  $$t  of  particular 

Mb.  ij.  judji^mepts  rendered^  and  prcfecutioni  carried  on»  without 
obflacle,  by  Britilh  creditors,  and  that  the  courts  are  open 
to  thcnl^  there  as  elfcwhcre.  As  to  the  modifications  of  thkf 
execution  heretofore  nVade  by  the  ftate  law,  having  becif 
the  fame  for  foreigner  and  citizen,  a  cou^  woul^  decide 
whether  the  treaty  is  fatisfied  by  this  equal  meafure ;  and 
if  the  dritilh  creditor  is  privileged  by  that  againil  cyen 
the  fame  modifications  to  which  citizens  and  foi^iarners  of 
all  other  nations  were  equially  fubje^ed,  then  the  law  im*' 
poHn:^  them  was  a  mere  nullity. 

In  Georgia,  the  letter  of  the  fenators  and  reprefenta^ 
tives  in  conzrefs,  No.  56,  aflares  us  that  though  they  do' 
not  know  of  any  recovery  of  a  Britifli  debt  in  their  ftate^ 
neither  do  the5^  know  of  a  denial  to  recover  fince  the  ratifi- 
cation of  the  treaty ;  the  creditors  having  moftly  preferred 
amicable  fettlemcnt;  and  tftat  the  federal  cotNrt  is*  open  and 
unobftru^ed  to  Sritifh  <!if«ditors  there,  as  in  any  other  of 
the  United  States ;  and  tbis  is  further  proved  by  the  late 
recovery  of  Brailsford  and  others  before  cited. 

Sed.  48'.  You  fay  more  particularly  of  that  fiaCe,  pa^ 
24,  **  It  is  to  be  lamented,  that  in  a  more  diftant  itatc 
(Georgia)  it  was  a  received  principle,  inculcated  by  an 
opinion  of  the  higheft  judicial  authority  their,  that  as  no 
legiflative  a6^  of  the  ftafce  exilted,  confirming  the  treaty  of 
peace  with  Great  Britain,  war  ftiN  continued  between  the 
two  countries ;  a  principle  tvhkh  mdjf  perhaps ^U  continue  In 
that  ^fiaie,"  No  judge,  no  cafe,  no  time,  fs  named.  Impu- 
tations on  the  judiciary  of  a  country  are  too  ierious  fo  be 
neglected.  I  have  thought  it  my  duty,  therefore^  to  fpare 
nd  endeavours  to  find  on  what  h€i  this  ccnfiire  was  iheanC- 
to  be'aAxed^  t  have  found  that  Judge  Wdtotf  of  Georgia^ 
in  the  fummev  oi  i^^St  the  diefinitive  treaty  not  yet  fignedi 
in  Europe,  rMuiit  leffr  known  and  ratified  here,-  ict  afide  a: 
writ  in  the  cafe  of  Thompfotty  a  Britifli  fiibjeA  ^^  Thomp- 
fon,  afligmng  lor  reafonty  ift,  «  I'bat  there  was  no  law^ 
authorizmg  a*  ^bje£t  of  England  to'  Cue  tf  c&ixen  of  that 
ftate;-  id,  'I'hat  the  war  had  not  fteen  dtfinitefy  concluded; 
or  yif  it  included,*  the'  tnreaty'  not  known  to,  or  tati^ 
i[y,  t&e  Iegi(fatur<r^  nor  4^1^  Wa»it  lU  any  manner  afceiw 
tained  bow  tboic  debts  were'  to  be  liquidated.*^  With  re- 
fpe£i  to  the  ladftafom,  it  ^itaa  generally  expelled  that  fome 
more  fpeoific  arrangements,  as  to  the  fiianner  of  liquldiat* 
ing,  and  rimes  of  paying  Britiflv  debts  would  have  been  fet> 
tied  in  the  definitive  treaty,  No.  58,  (hows  that  fuch  arrange- 
thents  were  under  contemplation;  And  the  judge  feeins 
to  hata  been  of  opinion,  that  it  waa  neceflsuy  the  treatf 


lf«L  |S. 


re- 
>me 


C    75    1 

Aoidd  be  Jt/Sniufy  concluded,  before  k  could  become  t  Uw  netitt. 
of  the  land,  fo  at  to  chao^e  the  lenl  charaAcr  of  an  aBut  l^^^^ 
sumyt  who  cannot  maintmn  an  aaion,  into  that  of  an  ^"^^^'^^ 
0Ben/rumJ,  whooi'iy.  Without  entering  into  the  qneftion, 
whether  between  ue  pravifional  and  definitive  treaticf ,  a 
lubjed  of  either  party  could  maintain  an  a^on  iu  the 
(Bourti  of  the  other  (a  qucftion  of  oo  confequence,  confi* 
rderipg  how  fliort  the  intenral  was*  and  this,  probal^y,  the 
only  a^ion  eflayed)  we  muft  admit  that  if  the  judge  waa 
right  in  his  opinion,  that  a  definitive  conclufion  was  neceflary* 
he  was  right  in  his  confequence  that  it  fliould  bt  made 
known  to  the  legiilature  of  the  ftate,  or  in  other  words  to 
the  ftate,  and  that,  till  that  notification,  it  was  not  a  luw 
authorizing  a  fubje^  of  England  to  fue  a  citizen  of  that 
ftate.  The  fubfequent  do^rine  uf  the  fame  Judge  Walton^ 
with  refpeffc  to  treaties,  when  dulj  comphledt  that  they  are 
paramount  to  the  laws  of  the  ieveral  dates,  as  has  bcea 
teen  in  his  chaige  to  a  grand  jury  before  fpuken  uf  (fc^t. 
43.)  will  relieve  your  doubts  whether  the  **  principle  ftill 
continues  in  that  ftate,  of  the  continuance  of  war  between 
the  two  eountricj,** 

Se£k.  49.  The  latter  part  of  the  quotation  before  made, 
merits  a  notice  alfo,  to  witjMvhere,  after  faying  not  a  fin- 
gle  inftance  exifts  of  the  recWery  of  a  Britifli  debt,  it  is, 
pdded,  **  Though  many  years  have  expired  fince  the  ella- 
blifliment  of  peace  between  the  two  countries.".  It  is  evi- 
dent from  the  preceding  teftimony,  that  many  fuits  have 
been  brought,  and  with  cSe&. :  yet  it  has  often  been  matter 
of  furprice  that  more  were  not  brought,  and  earlier,  fince 
it  is  moft  certain  that  the  courts  would  have  fuftained  their 
aftions  and  given  them  judgments.  This  abftinence  on  the 
part  of  the  creditors  has  excited  a  fufpicion  that  they  wiftied 
rather  to  recur  to  the  treafury  of  their  own  country ;  and 
to  have  colour  for  this,  they  would  have  it  believed  that 
lliere  were  obftru£lions  here  to  the  bringing  their  fuits. 
Their  teftimony  1$  in  fad  the  fole,  to  which  your  court 
till  now,  has  gn^n  acceis.  Had  the  opportunity  now  pre- 
fented,  been  given  ut  fooner,  they  fliould  fooner  have 
^nown  that  the  courts  of  the  United  States,  whenever  the 
creditors  would  choofe  that  recourfe,  and  would  preis,  if 
necefiary,  to  the  higheft  tribunals,  would  be  found  as  open 
to  their  fuiti,  and  as  impartial  to  their  fubjeds,  aa  theirs 
to  ours,    ^ 

8ed.  50.  Theie  is  an  expreffion  in  your  letter,  page  16,  Popular  ii> 
that  **  Britiih  creditors  have  not  been  countenanced  or  tcfcrence. 
fupported,    either  by  the  refpe£iive  leg^ilatures,  or  by  the 
ftate  couvti,  in  their  endeavours  to  recover  the  full  value 
uf  debts  eontraded  anteoedently  to  the  treaty  of  peace." 
And  again,  **  Xo  many  of  the  ftates,  the  fubjeds  of  the 


I   1C  3 


DrUt. 
foptthr  in- 


Prefent 

ftatc  of 
dcbv. 


crown,  in  cndeatouring  to  obtain  the  rcftltatton  ol  thru; 
forfeited  eftates  and  uropcrty,  have  been  treated  with  in* 
dignity."  From  which  an  inference  might  be  drawn* 
which  I  am  fare  you  did  not  intend,  to  wit :  That  tht 
creditors  have  been  deterred  from  rtforting  to  the  courta, 
by  popular  tiimolti,  and  not  prote^ed  by  the  laws  of  thd 
country.  I  rrcolle£l  to  have  hear^  of >  one  or  two  attempts, 
by  popular  collrfkions,  to  deter  the  pro&cution  of  Britiih 
claims*  One  of  thcfe  is  mentioned  in  ^o.  49.  But  thefe 
jwere  immediately  on  the  clofe  of  the  war,  while  its  pafli- 
ons  had  not  yet  had  time  to  fubfide,  and  while  the  a(hes 
of  our  houfes  w«re  ftill  fmoking.  Since  that,  fay  for  mnny 
years  paft,  nothing  like  popular  ihterpofition,  on  this  fiib* 
jed,  has  been  heard  of,  in  any  part  of  our  land.  There 
IS  no  coiintry  which  is  not,  fomctimes,  fubje£^  to  irregu^ 
lar  interpofitions  of  the  people.  There  is  no  country  able, 
.at  all  times,  to  puniih  them.  There  is  no  country,  which 
has  lefs  of  this  to  reproach  itfelf  with,  than  the  United 
States,  nor  any,  where  the  laws  have  a  more  regular 
couri'e,  or  are  more  habitually  and  cheerfully  acquiefccd 
in.  Confident,  that  your  own  obfervatibu  and  informal^ 
on  will  have  fatisAed  you  of  this  truth,  I  rely  that  the 
inference  was  not  intendecWwhich  feems  to  refult  from 
thefe  expreilions.  ^  •  ^  1  , 
•  \  Se£l.  51.  Some  notice  is  to  be  taken,  as  to  the  great  de- 
ficiencies in  colleflion  urged  on  behalf  of  the  Britifh  mer- 
chants. The  courfe  of  our  commerce  with  Great  Britain,was 
ever  for  the  merchant  there  to  give  his  corrcfpondent  here 
a  year's  credit :  So  that  we  were  regularly  indebted  from 
a  year  to  a  year  and  a  half's  amount  of  our  exports.  It 
is  the  opinion  of  judidious  merchants,  that  it  never  exceeded 
the  latter  term,  and  that  it  did  not  exceed  the  former  at 
the  commencement  of  the  war.  Let  the  holders  then  of 
this  debt  be  clafTed  iiito,  ill,  Thofe  who  were  infolvent 
.at  that  time.  2d,  Thofe  fulvent  then,  who  became  infol- 
Tcnt  dunng  the  operations  of  the  war,  a  numerous  clafs. 
3d,  Thofe  folvent  at  the  clofe  of  the  wir,  but  infolvent 
now.  '  4th,  Thofe  folvent  at  the  clofe  6(  the  Ivar,  who 
have  fince  paid  or  fettled  fatisfadorily  with  their  creditors, 
'a  numerous  clafs  alfo,  5th,  Thofe  folvient  then  and  now, 
who  have  neither  paid,  nor  made  fatisfaftory  arrangements 
with  their  credit6r8^  This  laft  clais,  the  only  one  now  ia^ 
queftion,  is  little  numerous,  and  the  amount  of  their 
licbts  but  a  moderate  proportion  of  the  aggregate  which 
was  due  at  the  commencement  of  the  war ;  infomuch* 
that  it  is  the  opinion,  that  we  do,  not  owe  to  Great  Bri- 
tain, at  this  moment,  of  feperate  debts^  old  and  oeMr 
more  thitn  a  year,  or  a  year  and  quarter's  exports,  the  oiv 
dinary  amount  of  the  debt  refulting  from  the  commpo 
courfe  of  dciilinge.  -  ^ 


■  ir- 


E     77     3 


9r^.  5a.  In  drawing  a  compan'fon  between  the  pro-  Rrcrln»lM; 
ctredinga  of  Great  Britain  and  the  United  States,  you  fay,  ^^l^^^]l 
page  a8,  "  The  conduct  of  Great  Britain,  in  all  thi'fecuuru.  * 
relpedts,  has  been  widely  different  from  that  which  .h«« 
been  obfvrvrd  by  the  United  States.   In  the  courts  of  law 
of  the  former  country,  the  citizens  of  thf  United  States 
have  experienced,  without  txceptlont   the  idmc  protection 
and  impartial  diftrtbution  of  jultice,  as  the  fubjedM  of  tlie 
crown."  No  nation  can  anfwer  for  perfect  »xa£iitucic  uf 
proceeding!  in  all  their  inferior  courts     It  fuifices  to  pro- 
vide a  fuprerae  judicature,  where  all  err  ir  and  partiality 
will  be  ultimately  corre^ed.     With  this  qualification,  we 
have  heretofore  been  in  the  habit  of  confidering  the  admi- 
niftration  of  jullice  in  Great  Britain  as  extremely  pure. 
With  the  fgime  qualificationj  we  hav^  no  fear  to  riijc  every 
thing,  which  a  nation  holds  dear,  on  the  aflcrtiooi  that; 
the  adminiftration  of  juftice  here,  will  be  found  equally, 
pure.    When  the  citizens  of  either  party  complain  of  the 
judiciary  proceedings  of  the  other,  they  naturally  prei'ent 
but  one  fide  of  the  cafe  to  view,  and  are,  therefore,  to  be 
liltened  tP  with  caution.  Numerous  condemnationa  huve    ^ 
taken  place  in  your  courts,  of  velfels  taken  from  us  after 
the  expirations  of  the  terms  of  one  and  two  months  (lipUf 
lated  in  the  armiftice.    The  flate  of  Maryland  has  been 
xnaking  ineffectual  effortq,  for  nine  years,  to  recover  a  fum 
pf  £.  55,000  iterling,  lodged  iq  the  bank  of  England 
previous  to  the  war.    A  judge  of  the  king's  bench  latel/ 
declared,  in  the  cafe  of  Greene,  an  American  citizen,  v. 
Buchanan  and  Charnock,  BritiHi  fubjetts,  that  a  citizen 
of  the  United  States,  who  has  delivered  £,  43,000  Iter- 
ling worth  of  Eaft  India  goods,  to  a  Britifh  fubje(5t  at 
Oftend,  receiving  Jf^.  1 8,000  in  part  payment,  is  not  enti- 
tled to  maintain  an  a^ion  for  the  balance  in  a  court  of 
Great  Britain,  though  his  debtor  i^  found  there,  is  in  cuf- 
tody  of  the  court,    and  acknowledges  the  fads.    Thefe 
cafes  appear  ftrong  to  u^.  If  your  judges  have  done  wrung 
in  them,  we  expe£t  redrefs.    If  right,  we  expedt  expbna- 
(ions.    Some  of  them  have  already  been  laid  before  your 
court.    The  others  will  be  fo,  in  due  time.    Thefe,  and 
fuch  as  thefe,  are  the  fn^aller  matters  between  the  two  na- 
tions, which,  in  my  letter  of  December  15,  I  had  the 
honor  to  intimate,  that  it  would  be  better  to  refer  for  fet- 
(lement  through  the  ordinary  channel  of  our  minifters, 
than  embarrafs  the  prefent  important  difcuffions  with  them« 

Such  cafes  will  be  conilantly  produced  by  a  colliiion  of 
interefts  in  the  dealings  of  individuals,  and  will  be  eafily 
^d^ufted  by  a  readinefs  to  do  rJg^ht  on  bp())  Udesj  regardle(4 
of  party. 


% 


C    7«    1 

/fflrlttereft.  Seft.  53.  It  it  made  an  objcAion  to  the  proeeedlngt  of 
our  legiflative  and  judiciary  bodies,  that  they  have  renifed 
to  allow  intereft  to  run  on  debts  during  the  courfc  of  the 
war.  The  dectfion  of  the  right  to  this  refts  with  the  judi<. 
ciary  alone,  neither  the  legiflative  nor  the  executive  having 
any  authority  to  intermeddle. 

The  adminiftration  of  jufti^e  is  a  branch  of  the  fove« 
rdgnty  over  a  country,  and  belongs  esclufively  to  the 
nation  iphabiting  it.  No  foreign  power  can  pretend  to  par> 
'  ticipate  in  ^eir  jurifdidion,  or  (hat  their  oitizens  received 
there  are  not  fubje^  to  it.  When  a  caufe  has  been  adjudged 
according  {o  the  rules  and  forms  of  the  country,  its  juftice 
ought  to  be  prefuiped.  Even  ;rror  in  the  higheft  court 
which  has  been  provided  as  the  lail  means  of  corre^iing 
the  errors  of  others,  and  whofe  decrees  are,  therefore, 
fubjedl  to  no  further  revifal,  is  one  of  thofe  inconvenien- 
cies  flowing  from  the  imperfedion  of  our  faculties,  tq 
which  every  fociety  muft  fubmit;  becaufe  there  muft  b^ 
fome  where  a  lait  refort,  wherein  conteftations  may  end. 
Multiply  bodies  pf  revifal  as  you  pleafe,  their  number  mui^ 
ftill  be  finite,  and  they  mud  finifh  in  the  hands  of  falHhlo 
|nen  as  judges.  If  the  error  be  evident,  palpable,  *  et  in 
re  mtnime  dubia,  i%  then  indeed  aflltmes  another  form,  it 
f  xcites  prefumption  that  it  was  not  mere  error,  but  preme- 
ditated wrong,  and  the  foreigner,  aa  well  as  native,  fuffetv 
^Pg  hy  the  wrong,  may  reafonably  complain,  as  for  a 
wrong  committed  in  any  other  way.  In  fuch  cafe,  there 
being  no  redreis  in  the  ordinal^  forms  of  the  country,  a 
foreign  prince  may  liilen  to  complaint  frcm  his  fubjedl^ 
Soured  by  the  adjudication,  may  enquire  into  its  princi- 
pks,  to  prove  their  criminality,  and,  according  to  the 
magnitude  of  the  wrong,  take  his  roeafures  of  redreis  by 
reprifal,  or  by  a  refuf^^  qf  right  on  his  part.  If  the  denia| 
pf  intereil,  in  our  caie,  be  juftified  by  law,  or  even  if  it 
be  againft  law,  but  not  in  that  grofs,  evident,  and  palpa- 
ble degree,  which  proves  it  to  flow  from  the  wickednefs  of 
the  heart,  and  not  error  of  |he  head  in  the  judges,  then  is  it 
no  caufe  for  juft  complaint,  much  lefs  for  a  reAifal  of  right, 
or  felf  redrefs  in  any  other  way.  The  reafons  on  which 
the  denial  of  intereft  is  grounded  fliall  be  ilated  fummarlly, 
yet  fufliciently  to  juftify  the  integrity  of  the  judge,  and 
even  to  induce  a  prefumption  that  they  might  be  exttndc^ 
to  that  of  his  fdence  alfo,  were  that  material  to  the  pre^. 
A:nt  objed. 

SeA.  54.  The  treaty  is  the  text  of  the  law  in  the  pre-i 
fent  cafe,  and  its  words  are,  that  there  ihall  be  no  lawful 
imptdin^ent  to  the  recovery  of  bona  fide  debts.  Nothii)^  i| 

'  ''^  Ina  manner  Jxifcr^hls  c^  i:o  devils 


f    19    J 

fald  of  interefi  on  thofe  debts :  and  the  fole  queftioa  is,  lattr^lUj 
whether,  where  a  debt  is  given,  intereli  thereon  flows  from 
the  general  prmciples  of  the  law  I  Intereft  is  not  a  part 
of  the  debt,  but  fomething  added  to  the  debt,  by  way  of 
damage  for  the  detention  of  it.  This  is  tht  definition  of 
the  Engfifti  lawyers  themfelves,  who  fay,  **  Intereft  is  re- 
tovered  by  way  of  damagu  *  ratione  detentionis  debiti." 
2  Salk.  622,  623.  Formerly  all  intereft  was  confidered  av 
unlawful,  in  every  country  of  Europe  ;  it  is  ftill  fb  in 
Roman  Catholic  countries,  and  countries  little  commercial. 
From  this,  as  a  general  rule,  a  £bw  fpecial  cafes  are  except*, 
ed.  In  France,  particularly,  the  exceptions  are  thofe  of 
minors,  marftage  portions,  and  money,  the  price  of  lands.. 
So  thoroughly  do  their  laws  condemn  the  allowance  of 
Intereft,  that  a  party,  who  has  paid  it  voluntarily,  may 
recover  it  bftck  ^in  whenever  he  pleafes.-  Yet  this  has 
never  been  taken  up  as  a  gro(s  and  flagrant  denial  of  juftice, 
authorizing  national  complaint  againft  thofe  governments* 
in  England  alfo  all  intereft  vrzi  aeainft  law,~  till  the  Stat. 
^7.  H.  6.  C.  9.  the  growing  qptrit  of  commerce,  no 
k>nger  reftrained  by  the  principles  of  th^  Roman  churchy 
then  firft  began  to  tolerate  it.  llie  fame  caufes  produced 
the  dune  tSe€t  in  floUand,  andV  perhaps,^  in  fome  other 
commercial  and  Cathouc  countri<!6.  But  even  in  England^ 
the  allovtrance  of  intereft  is  not  ^en  by  expreft  law,  but 
refts  on  the  £fcretion  of  judget  and  juries ,  as  the  arbiters  of 
damages.  Sometimes  the  judge  has  enlarged  the  intereft  tof 
lio  per  cent,  per  annum  (i  Chanc.  Rep.  57.)  In  other 
cafes  he  fixes  it,  habitually,  one  per  cent,  lower  than 
the  legal  rate  (a  Te.  Atk.  343.)  and  ih  a  multitude  of 
cafes  he  rdiifes  it  altogether.  As  for  inftante,  no  intereft 
is  allowed, 

1.  On  arrears  of  rents,  profits,  of  annuities  (i  Chan.- 

R«p.  184.  2.  P.  W.  16^- Ca:  temp.  Talbot  2.) 

2.  For  maintenance,  Vin^Abr.  Intereft.  C.  10. 

3.  For  monies  advanced  by  executors.    2.  Abr.  e^ 

4.  For  goods  fold  and  delivered.  3  Wilfon  2=06. 

5.  On  booknciebts,  open  accounts,  or  fimple  contrails. 

3.  Chan.  Rep.  64.  Frcem.  ch.  rep.  133.  Dougl. 

376. 

6.  For  money  lent  without  a  note.  2.  Stra.  910. 

7.  On  an  inland  bilTof  exchange,  if  no  protelt  is  taken. 

2.  Stra.  910. 

8.  On  a  bond  after  20  yearsi  2.  Vem.  458.  or  after 

a  tender. 

9.  On  a  decree  in  certain  cafes.  Freemv  ch.  rep.  iSt.. 


On  cccmni  nf  the  detention  of  tJie  debt. 


C    53     1 

Iflittrdt        ,    10.  On  J  udgfficiitsin  certain  cafes,  as  liattefy  and  flannel''.' 

Freem.  ch.  rep.  37. ; 
II,  On  any  decrees  or  judgments  in  certain  courts,  as  thef 

exchequer  chathber.  Douglafs,  753.  ^ 

.    12.  On  cofts.  2.  Abr.  cq*  530.  7. 
'    And  we  may  add,  once. for  all,  that  there  is  no  inftru- 
inent' or » title  to  debt  fo  formal  and  facred,  as  to  give  a 
ri|;ht  t6h<intere(l  on  it  under  all  poffible  circafnftances.  The 
vrdv&iof  Lord  Mansfield,  Dougl.  753,  where  he  fays,' 
'.*  That  the  quedion  was,  what  was  to  be  the  rule  for  af- 
feifing  the  damagci  and  that,  in  this  cafe,  the  tnterejl  ought 
ik>  be  the  nieafure  of  the  damage^  the  adiion  being  for  a 
dehtt  but  in  a  cafe  of  another  fort,  the  rule  might  be  dif- 
ferent .'"  his  words,  Dougl.  376,  **  That  intereft  might 
be  playable  in  cafes  of  delay,  if  a  jury,  in  their  difcretionj 
&a31  think  fit  to  allow  it."  And  the  doftrine  in  Giles  v. 
Hart;  2.  Salk.  622,  xYai  damages,'  or  intereft,  are  but  an 
acbeffary  to  the  debt,  which  may  be  barred  by  circum- 
nances,  which  do  not  touch  the  debt  itfelf^  fuffice  to  prove, 
that  intereft  is  not  a  part  of  the  de)bt,'  neither  compre- 
hended* in  the  t'hinig,  nor  in  the  term,  that  words,  which 
pafs  the  debt,  do  nol  give  intereft  neceflaVily,  that  the  in- 
tereft depends  altogether  on  the  diferetioh  of  the  judges  and 
jurors^  who  will  goVern  themfelves  by  alt  exifting  circum- 
ftances,   will  take  the  legal  intereft  for  the  meafure   of 
their  damages,    or    more,    or  lefs,'  as  they  think   right, 
will  give  it   from   the   date   of  the  contradl,   or   from 
•  a  year  after,  or  deny  it  altogether,  according  as  the  fault 

or  the  fufiPerings  of  the  one  or  the  other  party  fhall 
dfftate.  Our  laws  are,  generally,  an  adoption  of  youre; 
and  I  do  not  know  that  any  of  the  ftates  have  changed 
them  in  this  particular.  But  there  is  one  rule  of  youi*' 
and  our  law,  which,  while  it  proves  that  every  title  of 
debt^  is  liable  to  a  difallowance  of  intereft,  undier  fpccial 
circumftances,  is  fo  applicable  to' our  cafe,  that  I  fhall  cite 
it  as  a  text,-  and  apply  to  it  the  circumftances  of  our  cafe. 
It  is  laid  down  in  Vin.  Abr.  Intereft  C.  7.  and  2.  Abr. 
eq.  5293,  and  elfewhere,  in  thefe  words.  "  Where,  by  a 
general  and  national  calamity ^  nothing  is  made  out  of  lands, 
which  are  afligred  for  payment  of  intereft,  it  ought  not 
to  run  on  during  the  time  of  fuch  calamity."  This  is  exaftly 
the  cafe  in  qucuion.  Can  a  more  general  national  cala'fnity 
be  conceived  than  that  \miverfal  devaftation,  which  took 
place  in  many  of  thefe  Rates  during  the  war  ?  Was  it 
ever  more  txaftly  the  cafe  any  where,  that  nothing  was  niadr 
out  of  the  lands  which  ivere  to  pay  the  interefl  ?  The  pro- 
duce of  thofe  lands,  for  \<rant  of  the  opportunity  of  ex- 
porting it  faftly,  \V33  down  to  almoft  nothing  In  real  mo- 
ney,  e.  g.    Tobacco  was  kfs  than  a  dolhir  the  icolb. 


Im 

fou 

ufu 

thei 

the 

for 

hok 

tor, 

witl 

ihfui 

com 


[    81    j 

Imported  articles  of  clothing  or  confumption,  were  firom  Interefti 
four  to  eight  times  their  ufual  price.  A  bufliel  of  fait  was 
ufually  fold  for   icx>lb.  of  tobacco.    At  the  fame  time, 
thefe  landS)  and  other  property,  in  which  the  money  of 
the  Britifli  creditors  was  vefted,  were  paying  high  taxes 
for  their  own  prote^iion,    and  the  debtor,    as  nominal 
holder,  flood  ultimate  infurer  of  their  value  to.  the  credi- 
tor, who  was  the  real  proprietor,  becaufe  they  were  bought 
with  his  money.  And  who  will  eftimate  the  value  of  this 
ihfurancej  or  fay  what  would  have  been  the  forfeit,  in  a 
contrary  event  of  the  war?  Who  will  fay  that  the  rifk  of  the 
property  was  not  worth  the  intereft  of  its  price  ?  general 
calamity  then  prevented  profit,  and  confequently  (topped 
intereft,  which  is  the  lieu  of  profit.   The  crecUtor  fays, 
indeed,  he  has  laid  out  of  his  money  ji  he  has,  therefore, 
loft  the  ufe  of  it.  The  debtor  replies  that  if  the  creditor 
has  loft,  he  has  not  gained  it :  that  this  may  be  a  queftioii 
between  two  parties,  both  of  whom  have  lofl.    In  that 
cafe  the  courts  will  not  double  the  lofs  of  the  one,  to  fave 
all  lo&  from  the  other.    That  it  is  a  rule  of  natural,  as 
well  as  municipiil  law,  that,  in  queftioiis  de  damno  evitan- 
do  melior  eft  conditio  poflidentis'.    If  this  maxim  be  juft, 
where  each  party  is  equally  iifnocenc,  how  much  more  fo, 
virhere  the  lofs  has  been  produced  by  the  ad  of  the  credi- 
tor ?  For  a  nation  as  a  fociety,  forms  a  moral  perfon,  and 
every  member  of  it  is  perfon^ly  refponfible  for  his  fociety* 
It  was  the  a£t  of  the  lender,  or  of  his  nation  which  anni- 
hilated the  [Jrofits  of  the  money  lent ;  he  cannot  then  de- 
mand profits  which  he  either  prevented  from  coming  intd 
exiftence,  or  burnt  or  otherwife  deltroyed  after  theyV^erc 
produced.  If  then,  there  be  no  inftrument  or  tljtle  of  debt 
fo  formal  and  facred  as  to  give  right  to  intereft  under  all 
poffible  clrcumftances,  and  if  circumftarices  of  ekemption, 
ftronger  than  in  the  prefent  cafe,  cannot  poffibly  be  found, 
then  no  inftrument  or  title  of  debt,  however  formal  oi^ 
facred,  can  give  right  \o  intereft  under  the  circumftances 
of  our  cafe.  Let  us  prefent  tlie  queftion  in  another  point 
of  view.  Your  own  law  forbade  the  payment  of  ihterefl 
when  it  forbade  the  receipt  of  American  prdduce  into 
Great  Britain,  and  made  that  produce  fair  prize  on  its 
way  from  the  debtor  to  the  creditor,  or  to  any  other  for 
his  ufe  and  reimburfement.    All  perfonal  accefs  betweea 
creditor  and  debtor  was  made  illegal :  and  the  debtor  who 
endeavoured  to  make  a  remitment  of  his  debt,  or  intereft, 
muft  have  done  it  three  times,  t6  anfwer  its  getting  once  to 
hand:  for  two  out  of  three  vefTels  were  generally  taken  by 
the  creditor  nation,  and  fometimes  by  the  creditor  himfelf, 
as  many  of  them  turned  their  trading  veffels  into  privateers* 
Where  no  place  has  been  agreed  on  for  the  payment  of  a 

Mm 


t    8«    3 


F«teMft;  debt,  the  laws  of  England  oblige  the  debtor  to  f#;k  hw 
creditor  wherefoever  he  is  to  be  found  within  ike  realms 
Coke  Lit.  210.  b.  but  do  rtot  bind  him  to  go  out  of  the* 
realm  In  fearch  of  him.  This  is  our  law  too.  The  firft  a£ty 
generally,  of  the  creditors  and  their  agents  here,  was  ta 
withdraw  from  the  United  States  with  their  books  and  pa^ 
pers.  The  creditor  thus  withdrawing  from  his  debtor,  fo 
as  to  render  payment  impoffible,  either  of  the  principal  or 
ihtereft,  makes  it  like  the  common  cafe  of  a  tender  and 
refufal  of  money,  after  which  intereft  flops-  both  by  your 
laws  and  ours.  We  fee,  too,  from  the  letter  of  Mr.  Adamsy 

Ho.  sj.  Jwie,  16,  lySSi  No.  57,  that  the  Britifh  fecretary  for 
foreign  affaira  was  fenllble,  that  a  Britifli  ftatute  having 
rendered  criminal  alt  intercourfe  between  the  debtor  and 
creditor,  had  placed  the  artick  of  intereft  on  a  different 
footing  fi-bm  the  principal.  And  the  letter  of  our  plenipo- 
tentiaries to^  Mr.  Hartley,  the  Britifli  plenipotentiary  for 

ifok  58.  forming  the  definitive  treaty,  No.  58,  fhows  that  the  omif- 
fion  to  exprefs  interejl  in  the  treaty  was  not  merely  an  over- 
ilght  of  the  parties ;  that  its  allowance  was  coniidered  by 
our  plenipotentiaries  as  a  thing  not  to  be  intended  in  the 

,  treaty,  was  declared  againft  by  congrefs,  and  that  declara* 

tion  communicated  to  Mr.  Hartley.  After  fuch  an  expla-- 
nation,  the  omifllon  is  a  proof  of  acquiefcence,  and  an 
intention  not  to  claim  it.  It  appears  then,  that  the  debt  and 
mtereft  on  that  debt  are  feparate  things  in  every  country, 
and  under  feparate  rules.  That  in  every  country  a  debt  is 
recoverable,  while,  in  moft  countries^  intereft  is  refufed  ia 
all  cafes ;  in  others,  given,  or  refufed,  diminifhed,  or  aug- 
mented, at  the  difcretion  of  the  judge;  no  where  given- 
in  all  cafes  indifcriminately,  and  confequently  no  where  fo 
incorporated  with  the  debt^  as  to  pafs  with  that  ex  vi  ter-^ 
mini,  or  otherwife  to  be  confidered  a&  a  determinate  and 
veftat  thing. 

While  the  taking  interefi  on  Wiottey  has  thus  been  confi- 
dered in  fome  countries,  as  morally  wrong  in  all  cafes,  in 
others  made  legally  right  but  in  particular  cafes,  the  taking 
profits  from  lands  or  rents  in  Ueu  of  profits,  has  been  allowed 
every  where,-  and  at  all  times^  both  in  morality  and  law.' 
Hence  it  is  laid  down  as  a  general  rule.  Wolf,  fe£l.  229'*' 
"  Si  quis-  fundum  alienum  poffidet,  domini  eft  quantum 
valet  ufai  fcimdi,  e(  poffeflons  qtiantum  valet  ejus  cultura 
et  cura."  But  even  in  the  cafe  of  lands' reftored  by  a  treaty , 
the  arrears  of  profits  or  rents  are  never  reftored,  unlefs- 

*  **  If  any  otk  is  in  fojffe^n  of  another*  s  landsyfo  much  be^ 
longs  to  the  owner  as  toe  ufe  of  the  land  is  worth,  and  fo 
much  to  thep^ejfor  as  his  labour  and  care  are  worth  J' 


[     83     ] 


-^ 


confi- 
es,  in 
taking^ 

owed 
d  lawy 

229* 
antum 
ultura 


^€y  be  particularly  (lipulated.f  "  S!  res  vi  pacis  reftitu-  Intereft, 
f  ndse,  reftituendi  quoque  funt  fni^us  a  die  conceffiomt" 
iays  Wojf,  re£t.  1224.  And  Grotius  *' cui  pace  res  conce- 
4itur,  ei  et  fru£lu8  conceduntur  a  tempore  concejjionu:  non 
HETRo/'  L.  3.  c.  20.  f.  22*  To  place  the  right  to  into- 
rell  on  money  on  a  level  with  the  right  to  profits  on  land, 
is  placing  it  more  advantageoufly  than  has  been  hitherto 
authorized ;  and  if,  as  we  have  feen,  a  ftipulation  to  reitore 
lands  does  Qot  include  a  ftipulation  to  reftore  the  hack  pro* 
fisf  we  may  certainly  conclude,  a  fortiori,  that  the  reilitu- 
tion  of  debts  does  not  include  an  allowance  of  lack  intere/i 
9n  them^ 

Thefe  reafons  and  others  like  thefe,  have  probably  ope- 
rated on  the  different  courts  to  produce  decifions  that  *'  no 
intereft  ftiould  run  during  the  time  this  general  and  national 
calamity  laited."  And  they  feem  fumcient,  at  leaft,  to 
refcue  their  decifions  from  that  flagrant  denial  of  right, 
which  can  alone  authorize  one  nation  to  come  forward 
with  complaints  againft  -the  judiciary  proceedings  of  ano- 
ther. 

3e£l.  $$.  The  ftates  have  been  uniform  in  the  allowance 
of  intereft  before  and  fince  the  war,  but  not  of  that  claimed 
during  the  war.  Thus  we  know  by  ££.  i.]  the  cafe  of 
Neale's  executors  v.  Sands  in  New  York,  and  Mildred  v. 
Dorfey  in  Maryland,  that  in  thofe  ftates,  intereft  during 
the  war  is  difallowed  by  the  courts.  By  (^D.  8,]  1 784, 
May,  the  a£l  relating  to  debts  due  to  perfons  who  have 
been,  and  remained  within  the  enemy's  power  or  lines  dur- 
ing  the  late  war.  That  Connecticut  left  it  to  their  court 
of  chancery  to  determine  the  matter  according  to  the 
rules  of  ecjuity,  or  to  leave  it  to  referees ;  by  [E.  2.]  the 
cafe  of  Oiborne  v*  Mifflin's  executors,  and  {]£.  3.]]  Hoare 
V.  Allen,  explained  in  the  letter  of  Mr.  Rawle,  attorney 
of  the  United  States,  No.  59.  And  by  the  letter  of  Mr.  No.  59. 
JLewis,  judge  of  the  diftri^  court  of  the  United  States, 
No.  60,,  that  in  Pennfylvania  the  rule  is,  that  where  nei-  No.  60. 
ther  the  creditor  nor  any  agent,  was  within  the  ftate,  no 
intereft  was  allowed}  where  either  remained,  they  gave 
intereft.  In  aU  the  other  ftates  I  believe  it  is  left  cUfcreti- 
onary  in  the  courts  and  Juries,  In  Maflachufetts,  the  prac- 
tice has  varied.  In  November,  1784,  they  inftru£t  tlieir 
delegates  in  cong^efs  tQ  afk  the  determination  of  congrefs, 
whether  they  underftood  the  word  "  debts"  in  the  treaty, 

f  "  TjT  things  are  to  be  rejiored  by  virtue  of  the  peace,  the 
profits  are  alfo  to  be  rejiored  from  the  day  of  the  ceflion. 

"  To  ^uhomfoe'oer  a  thing  Is  conceded  by  the  peaces  to  htm 
alfo  the  profits  are  conceded,  from  the  time  of  the  concedioni 

^UT    NOT    BACH." 


Inkereft. 


No.3> 


C  «4  3 

as  including  intereft  ?  and  whether  it  is  |heir  oninioni  th|^ 
intereft  durinflr  the  war  fliould  be  paid  ?  and  at  the  faind 
time  they  pais  [P.  9O  ^^^  ^^  dnreAin^  the  courts  to 
fufpend  rendering  judgment  for  any  inteirefk  that  might' 
have  accrued  between  April  19,  I775t  and  January  20» 
1793.  But  in  I7$7»  when  there  was  a  general  compliance 
ena^cd  through  all  the  United  States,  in  order  to  fee  if 
that  would  produce  a  counter-compliance^  their  kgifla- 
ture  pafled  the  a(£t  repealing  all  laws  repugnant  to  thd 
treaty*  No.  33,  and  their  courts,  on  their  part,  changed 
their  rule  relative  to  intercfl  during  the  war,  which  they, 
have  uniformly  allowed  fince  that  time.  The  circuit  court 
of  the  United  States,  at  their  fcflions  at  in  1790, 

determined  in  like  manner  that  intereft  (hould  be  allowed 
during  the  war.  So  that  on  the  whole  we  fee  that,  in  one 
ftate,  intereft  during  the  war  is  given  in  every  cafe,  in 
another  it  is  given  whierever  the  creditor,  or  any  agent 
forhini,  remained  in  the  country,  fo  as  to  be  acceifible; 
in  the  others,  it  is  left  to  the  courts  and  juries  to  decide^ 
according  to  their  difcretion  and  the  circumftancbs  of  the 
cafe. 


TO    RECAPITULATE. 

ScA.  56.  I  have,  by  way  of  preliminary,  placed  out  of  the  prefent 
difcunion,  all  adts  and  proceedings  prior  to  the  treaty  of 
PI.ACF,  confidering  them  as  fettled  by  that  inftrument,  and  that 
tli:  ^hen  fiate  of  things  was  adopted  by  the  parties, 
Wi  ti  fuch  alterations  only  as  that  inftrument  provided. 
I  aave  then  t:iken  up  the  subsequent  acts  and  proceedings^ 
of  which  you  complain,  as  infractions,  diftributing  them  accord- 
ing to  their  fubjefls,  to  wit : 

I.  Exile  and  Confiscations. 

II.  Debts. 

III.  Interest. 

I.  ExiL]^  AND  Confiscations.  After  premiiing,  that  thefe  an^ 
lawful  a£^s  of  war,  I  have  (hown  that  tbe  5th  article  was  re- 
COMMENDATORY,  Only,  its  ftipulatious  being,  not  to  refiore  the 
confifcations  and  exiles,  but  to  recommend  to  the  ftate  legiflatures 
to  reftore  them. 

Thiat  this  word,  having  but  one  meaning,  eftabliflies  the  intent  of. 
the  parties;  and  moreover,  that  it  was  particularly  explained  ^y 
the  American  negociators,'  that  the  legiflatures  would  be  free  to 
comply  with  the  recommendation  or  not,  and  probably  would 
not  comply.  '  ■ 

That  the  Britifli  negociators  fo  underftood  it :; 

That  the  Briti(h  miniftry  fo  underftood  it : 

J^nd  the  members  of  both  houfes  of  parliament,  as  well  thofe  whp 

'"mproTcd,  as  who  difapproved,  the  article. 


Tl 


II. 


•I  ' 

,  f 


ceto 
buld' 


^. 


E  «s  3 

I  h^ve  ftiown>  that  coogrefs  did  recommend  earnefkly  and  bona 

fide: 
That  the  ffates  refuted  or  complied,  in  a  greater  or  lefs  degree, 

ifccording  to  circumftances,  but  more  of  them,  and  in  a  greater 

degree,  than  was  expected. 
And  that  compepfatton,  by  the  Britifli  treafury,  to  Britifli  fuffer- 

ers,   was  the  alternative  of  her  own  choice,   our  negociatort 

having  offered  to  do  that,  if  (he  would  compenfate  fuch  lofles  at 

we  had  fuftained  by  ads  unauthorized  by  the  modern  and  modcr 

rate  principles  of  war. 

XI.  Before  entering  on  the  fubjed  of  dbbts,  it  was  neceffiiry, 

1.  To  review  the  Britiih  infra^ions,  and  refer  them  to  their  cxaft 
dates. 

To  (how,  that  the  carrying  away  of  the  negroes  preceded  the  6tli 
of  May,  1783. 

That  inftead  of  evacuating  the  ujfer  pofis  with  all  convenient  fpeed^ 
no  order  had  been  received  for  the  evacuation^  Auguft  13,  1783* 

None  had  been  received  May  10,  1784. 

None  had  been  received  July  13,  1784. 

From  whence  I  conclude  none  had  ever  been  given  : 

And  thence,  that  none  had  ever  been  intended. 

In  the  latter  cafe,  this  infirafiion  would  date  from  the  fignature  of 
the  treaty.  But  fpunding  it  on  the  not  giving  the  order  with  eon' 
venient  J^ed.,  it  dates  {rom  April,  1 783,  when  the  order  for 
evacuating  New  York  was  given,  as  there  can  be  no  reafon, 
why  it  (hould  have  been  inconvenient  to  give  this  order  as  ttAf, 

The  INFRACTION  then,  refpe^ing  the  upper  posts,  was  l;efpre 
the  treaty  was  known  in  America. 

That  refpe£fctng  the  negroes  was  as  foon  as  it  was  known. 

I  have  obferved,  that  thefe  infradions  were  highly  injurious. 

The  firft,  by  depriving  us  of  our  f  ur  tri^de,  profits^ble  in  itfelf, 
and  valuable  as  a  mians  of  remittance  for  paying  the  debts ;  by 
intercepting  our  friendly  and  neighbourly  intercourfe  w^th  the 
Indian  nations,  and  confequently  keeping  us  in  conftant,  e:^pea- 
five,  and  barbarous  war  with  them. 

The  fecond,  by  withdrawing  the  cultivators  of  the  I^H,  the  p|fo« 
dttce  of  which  was  to  pay  the  debts. 

2.  After  fixing  the  date  of  the  Briti(h  infrafkions,  I  h^yp  fhaT^t 
That  as  they  preceded^  fo  they  producedt  the  afls  on  our  part  com- 
plained of,  as  obftacles  to  the  recovery  of  the  debts. 

That  when  one  party  breaks  apy  ftipula^ion  of  a  treaty,  the  other 

is  free  to  break  it  alfo,  either  m  the  yirhole,  or  in  equivalent 

parts,  at  its  pleafure. 
That  congrefs  having  made  no  ele^Uons, 
f!our  of  the  ftates  affumed,  feparately,  to  modify  the  recovery  of 

debts.  . 

y.  By  indulging  their  citizens  with  longer  and  more  pra£UcabIe 

^m^  yf  pa^men^. 


r  86  ] 

t.  By  liberating  their  bodies  from  execution,  oa  their  delivenng 
property  to  the  creditor,  to  the  f|ill  amount  of  his  deotand,  oh  a 
fair  appraifefnent,  as  praAifed  always  under  the  elegit.  ' 

3.  By  admitting,  during  the  iirft  moments  of  the  non-exiftence  of 
coin  aqiong  us,  a  difcharge  of  executions,  by  payment  in  paper 
money. 

That  the  firft  of  thefe  afUof  retaliation,  was  in  Pecember,  1783, 
nine  months  after  the  infra^'ons  committed  by  the  other  party. 

And  all  of  them  were  fo  moderate,  of  fo  fliort  duration,  the  refult 
of  fuch  neceffities,  and  fo  produced,  that  we  might,  with  con- 
fidence,  have  referred  them  alterius  principus,  qua  boni  viri^ 
arbitrio. 

3.  That  induced,  at  length,  by  aflurances  from  the  Britiih  court, 
that  they  would  concur  in  a  fulfilment  of  the  treaty, 

Congrefs,  in  1787,  declared  to  the  flates,  its  will,  that  even  the  ap« 
pearance  of  obftaqle|  raifed  by  their  a£ks,  fhpuld  no  longer  cput 
tinue. 

And  reqiiired  a  formal  repeal  of  every  a£l  of  that  nature ;  and  to 
avoid  queftion,  required  it,  as  well  from  thofe  who  had  not,  as 
from  thofe  lyho  had  paffed  fuch  ads;  which  was  complied  with 
fo  fully,  that  np  fuch  laws  remained  in  any  ftat^  of  the  union, 
except  one; 

And  even  that  one  could  not  have  forborne,  if  any  fymptom  of 
compliance  from  the  oppofite  party,  had  rendered  ^  reit^ated 
requifition  from  congrrefs  important. 

4.  That,  indeedy^  the  requiring  fuch  a  repeal,  was  only  to  tai^e 
away  pretext.    - 

For  that  it  was,  at  all  times^  perfedly  underftood,  that  treaties, 
cONtrocled  the  laws  of  the  ftates,  * 

The  confederation  having  made  them  obligatory  on  the  whole : 

Congrefs  having  fo  declared  and  demonftrated  them  : 

The  legiflatures  and  executives  of  moft  of  the  ftates,  i^vi^g  ad- 
mitted it: 

And  the  judiciaries,  both  of  the  feparate  and  general  governments^ 
fo  deciding. 

^hat  the  courts  are  open  every  where,  upon  this  principle  t  * 

That  the  Britifh  creditors  have,  for  ferae  time,  been  in  the  hal^t 
and  courfe  of  recovering  their  debts  at  law. 

That  the  dafs  of  feparate  and  unfettled  debts  contraded  before 
the  War,   forms  now  but  a  fmall  proportion  of  the  original^ 

'  amount. 

That  tlft  integrity  and  independence  of  the  courts  of  'yi&ice,  in 
the  United  States,  are  liable  to  no  reproach. 

Nor  have  popular  tumults  fumifiied  any  ground  for  fuggefting,  that 
either  coQrts  or  creditors  are  ovei'-awed  by  them  in  th^r  p]ro- 
^edings.  -*   / 


t    «7     3 

Ml.  Proceeding  to  tlie  article  of  Interest,  I  have  obfem^j 
That  the  decifion,  whether  it  (hall  or  (hall  not  be  allowed  dunug 

the  loar,  refts,  by  our  conftitution,  with  the  courts^together. 
That  if  thefe  have  generally  deci<ied  ag^ainft  the  allowance,  the  rea- 

fons  of  their  decifion  appear  fo  weighty,  as  to  clear  them  from 

the  charge  of  that  palpable  degree  of  wrong,  which  may  authorize 

national  complaint,  or  give  a  right  of  remfing  execution  of  the 

treaty,  by  way  .of  reprifid< 
To  vindicate  them,  I  have  dated  fhortly,  fome  of  the  reafons  which 

fupport  their  opiniouii 
That  iNTERE»T  ouaiNO  THE  WAR,  was  not  ixprtfsly  given  by  the 

treaty  i 
That  the  revival  of  debts  did  not^  ex  vi  termini,  give  intercft 

on  them : 
That  intereft  is  not  a  part  of  the  debt^  but  damages  for  the  de- 
tention of  the  debt : 
That  it  is  difallowed  habitually  in  moft  countries  $ 
Yet  has  never  been  deemed  a  ground  of  mitional  complaint  againfl: 

them : 
That  in  England  alfo,  it  was  formeHy  unlawful  in  all  eafeis: 
That  at  this  day  it  is  denied  there,  in  fucb  a  variety  of  inftances,  as 

to  proteA  from  it  a  great  part  of  the  tianfadlions  of  life  : 
That,  in  fa£l,  there  is  not  a  fingk  title  to  debt,  fo  formal  and  fa- 

cred,  as  to  give  a  right  to  interest,  under  all  poflible  circum- 
■    ftancesi^  either  there  or  here : 
That  of  thefe  circumftances,  judges  and  jurors  are  to  decide,  in 

ths'ir  dtfcrettoft,  and  sure  accordmgly  in  the  habit  of  augmenting, 

diminifliing,    or  refufing  intereft,  in  every  cafe,  according  to 

their  difcretion » 
That  the  circumftances  againft  the  allowance,  ararunqueftionably  of 

the  ilrongeft  in  our  cafe  : 
That  a  great  national  calamity  rendering  the  lands  unprodu6livey 

which  were  to  pay  the  intereft,  has  been  adjudged  a  fufficient 

caufe,  of  itfelf,  to  fufpend  intereft  ; 
That  were  both  plaintiff  and  defendant  equally  innocent  of  that 

caufe. 
The  queftion.  Who  %outd  avoid  lofs  ?  would  be  in  favour  of  the 

party  in  poflei&on  :  *  * 
And,  a  fortiori,  in  his  favor,  where  the  calamity  was  produced  by  the 

a^  of  the  demandant : 
That,  moi-cover,  the  laws  of  the  party  creditor^  had  cut  off  the  per- 

fonal  accefs  of  his  debtor , 
And  the  tranfportation  of  h\s produce  or  money  to  the  country  of 

the  creditor,  or  to  anv  other  for  him  :       v 
And  where  the  creditor  prevents  payment  both  of  principal  and 

iNTEREsri',  the  latter,  at  Icaft,  is  juftly  extinguifhed : 
That  the  departure  of  tlie  creditor,  leaving  no  agent  in  the  coun- 
'  try  of  the  debtor,  woitld  have  ftbpped  inteiell  of  itfelf ;  i^ 


t  «»  ] 

The  debtor  not  being  obliged  tb  go  out  of  the  conntry  to  tccit 
him.  ^ 

That  the  Britifli  minifter  wal  heretofore  fenfible  of  the  weight  of^ 

.    the  objeAioni  to  the  claim  of  intervft  : 

That  the  declarations  of  congrcfs.and  our  j(>lenipotentiarie8«  previous 
1o  the  d^Ulve  tnatyf  and  the  filence  of  that  inftrumenti  afford' 
proof  that  intertft  was  not  intended,  on  our  part,  nor  infifted  on, 

..  on  the  other  i 

That  were  wr  to  admit  intereft  on  money,  to  equal  favor  with 
profits  on  land,  arrears  of  profits  would  not  be  demandable  in 
.  the  prefent  cafe,  nor  consequently  arrears  of  intereft  i 

And,  on  the  whole,  Without  undertaking  tb  fay  what  the  law  is, 

.   which  is  not  the  province  of  the  executive,     , 

We  fay,  that  the  reafons  of  thofe  judges,  who  dehy  intereft  during 
the  war,  appear  fufficiently  cogent t 

?o  account  for  their  opinion  On  honeft  principles  : 
o  exempt  it  from  the  charge  of  palpable  and  flagrant  wrong,  in 
re  minimi  dubia : 
And  to  take  away  all  pretence  of  withholding  exeeutiott  of  the 
treaty,  by  way  of  reprifal  for  that  caufe. 


Se£t.  57.  I  have  now,  fir,  gone  through  the  fevefal  a  As  and 
pix)ceedings  enumerated  in  your  appendix,  as  infrafiions  of  the 
treaty,  omitting,  I  believe,  not  a  fingle  oi»^.>,  as  may  be  feen  by  a* 
table  hereto  fubjoined,  wherein  every  one  of  them,  as  marked  and 
numbered  in  your  appendix,-  is  referred  to  the  fe^tion  of  this  letter, 
in  which  it  is  brought  into  View,  and  the  reful£  has  been  as  you 
have  feen, 

.   I.  That  there  "Mn  no  abfolute  i^ipnlation  to  reffore  a^cer'crrt  cOn- 
fifcations,'  and  that  none  fui/eqttent  took  place. 

2.  That  the  recovery  of  the  debts  was  obftru£(ed  vaUdly  in  none  of 
our  ftates,  iavalitffy  only  in  a  few,  and  that  not  till  long  after  the  io^ 
fra£lions  committed  on  the  other  fide ;  and  . 

5.  That  the  decifions  of  courts  and  juries  againft  the  claims  of 
intereft,  are  too  probably  founded,  to  give  taufe  for  queftioning  their 
integrity.  Thefe  things  being  evident,  I  cannot  but  flatter  myfelf,' 
after  the  aflurances  received  firom  you  of  his  Britannic  majefty's  de- 
fire  to  remove  every  occafion  of  mifunderftanding  from  between  us,' 
that  an  end  will  now  be  put  to  the  difquieting  fituation  of  the  two 
Countries,  by  as  complete  execution  of  the  treaty  as  circumftahces 
render  pra^cable  at  this  late  day  :  That  it  is  to  be  done  fo  late,  has 
been  the  fource  of  heavy  loffes  of  blood  and  tr^afure,  to  the  United 
States.  Still  our  defire  of  friendly  accommodation  is,  and  has  been, 
conftant.  No  "  lawfulimpediment  has  been  oppofed  to  the  profecution  of 
the  juft  rights  of  your  citizens."  And  if  any  inftances  of  unlawful  impe- 
diment have  exifted  in  any  of  the  inferior  tribunals,  they  would,  like 
Other  unlawful  proceedings}  havt  been  over-rulA  on  an  appeal  to  the 


A.  I. 

§  2. 

2, 

§  2. 

3* 

§  ^^ 

4* 

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5- 

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22. 

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24. 

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.  '       t    89    1 

jjighei-  courts.  If  not  overruled  there,  a  toiAplaint  to  the  governmefkt 
would  have  been  regidar,  and  their  interfhvnce  probably  effedtual.  1/ 
your  citiEens  would  not  profecute  their  rights^  it  was  impoflible  they 
Ihould  recover  them*  or  be  denied  recovery  y  and  till  a  denial  of  right 
through  all  the  tribunals,  there  is  no  ground  for  complaint,  much 
left  for  a  refufal  to  comply  with  fdcmn  ftipuIatton8,.the  execution  of 
which  is  too  important  to  us  ever  to  be  difpenfed  with.  Thefe  diffi» 
cuhies  being  removed  from'  between  the  two  nations,  I  am  perfuaded 
the  interefts  of  both  will  be  found  in  the  ftri^eft  friendmip.  The 
confiderations  which  lead  to  it  are  too  numerous  and  forcible  to  fail 
of  their  effied  )  and,  that  they  may  be  permitted  to  have  their  full 
effe£l,  no  one  wiflies  more  finccrcly,  than  be  who  has  the  honof 
lb  be,  vrith  fentiments  of  the  moft  perfed  efteem  and  refpefl. 
Sir, 
Your  moft  obedient,  and  moft  humble  fervant, 

TH.   JEFFERSONa 
PHILADKI.PMIA,  May  29th,  179%; 


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A  P  P  E  K  D  I  X,  No.  I. 

Au  at^  fur  the  better  fecuring  and  prcfervinjif  4ii«  niajr. 
Hy'fldock.yard«,  magaalnes,  ftiipi,  ammunition  aad  ftorea. 
See  I.  jouraal  congrels,  68,  *'  peifoni  tbarged  with  com. 
mttting  any  offence  therein  defcnbed,  in  any  place  out  of 
the  realm,  may  be  tried  any  where  within  the  realm, 
whereby  inhabitants  of  thefe  colonic*,  may  in  fuadry  cafti 
by  that  ftatute  made  capiul,  be  deprived  of  a  trial  by 
peera  of  the  vteinage.** 

Au  aA  to  difoontinaCf  til  fuch  manner,  am!  for  fucli 
time  as  arc  therein  mentioned,  the  landing  and  difchurg. 
ing,  lading  «r  ftiipping,  of  goods,  wares  and  merchandize, 
at  the  town,  and  within  the  harbour  of  Bolbn,  in  the 
province  of  Maflachufetts  Dav,  in  Nbrth  America. 

An  a£k  for  the  tmpartial  adminillration  of  juftice  in  the 
cafes  of  perfotiti  queltioned  for  any  a£(s  done  by  them  in 
thu  execution  of  the  law,  or  for  the  fuppreflicn  of  riuts 
and  tumults  iu  the  yntihyx  of  the  Maflachufetts  &iy,  i» 
New  England. 

An  a£i  to  reftrain  the  trade  and  commerce  of  the  pro- 
vinces of  Maflachufetts  Bay  and  New  Hampfhire,  and 
colonieb  of  ComieAiait,  and  Rhode  Ifland  and  Providence 
Phintations,  in  North  America,  to  Qreat  Britain,  Ireland, 
and  the  Britifli  iflands  in  the  Weft  Indies,  and  to  prohibit 
fuch  prpvincel  and  colonies  from  earrymg  on  any  fifliery 
on  the  banks  of  Newfouhdland,  or  other  places  therein 
pnentioncd,  under  certain  conditions  and  limitations. 

An  aft  to  amend  and  render  more  effectual  in  his  ma- 
jelly's  donoinions  in  America,  an  aft  pafled  in  the  prefent 
feffion  of  parUamient,  entitled  an  ad  for  puniihing  mutiny 
and  dcfertion,  and  for  the  better  payment  of  the  army, 
and  their  quarters,  and  for  extending  the  provifions  of  the 
faid  a£t  to  his  majeftyls  marine  ftirces  in  Amierica. 

An  ajft  to  prohibit  all  trade  and  intcrcourfe  with  the 
colonies  of  New  Hampfhife,  Maflachufetts  Bay,  Rhode 
ifland,  Connefticut,  New  York,  N«w  Jerfey,  Pennfylva- 
the  three  lower  counties  on  Delaware,    Maryland, 


nia 


Virginia,  North  Carolina,  South  Carolina,  and  Georgia, 
during  the  continuance  of  the  prefent  rebellion,  with  the 
faid  colonies  refpeftively ;  for  repealing  an  acl  made  in 
the  14th  year  of  the  reign  of  his  prefent  majefty,  to  dif- 
contii4|Ue  the  binding  and  difciiarging,  hiding  or  Shipping 
of  goods,  wares  and  merchandize,  at  the  town,  and  witln'ii 
tlie  harbour  of  Bofton,  in  the  province  of  Maflachufctt} 
Bay,  and  alfo  two  ads  made  iu  the  laft  feflion  of  parlia- 
ment for  reftraining  the  trade  and  commerce  of  the  colo^ 
ill  the  faid  ads  reipe£lively  mentiontd,  and  to  enablt: 


nies 


ajiy  pcrfcn  or  pcrfons  fppointed,  and  authoviz.ed  by  bin 


C    9»     J 

mtjcily  to  grant  pnrdonn,  to  i(Tuc  proclamations  in  the 
caU's  and  (or  the  purpofcs  therein  mentioned. 

An  a£l  for  enabling  the  cummiflioncTa  for  executing  the  C. 
office  of  lord  Mgh  admiral  of  Great  Britain,  tu  ^rant 
L-oromiflions  to  the  commanders  of  private  ifaips  and  venc-lx 
rmployed  in  trade,  or  retainrd  in  his  majcfty'i  fcrvice  to 
take  nnd  make  Drize  of  all  ftich  fhips  and  vcfleh,  and  ihcir 
cargoes  as  are  therein  mentioned,  for  a  limited  time. 

An  a6l  to  empower  hit  majcfty  to  fecure  and  detain  per-  r-; 
Tons  charged  with,  or  fufpciled  of  the  crime  of  high  trea-  !J 
fan,  committed  io  any  of  his  majeftv'a  colonies  or  plan- 
tations in  America,  or  on  the  Uigh  ieaa,  or  the  vrin-u:  of 
piracy. 

No.  a. 
(Copy)  i6  O.  111.  C.  5.  ^.  4. 

And  be  ic  further  enaAed  by  the  authority  nforefaid, 
That  it  ftall  and  may  be  Uwful  to  and  for  the  faid  flag 
officera,  captains  and  commanders  refpcAively,  to  caufe 
to  be  taken  or  put  on  board  any  of  hit  m^efty's  (hips 
or  veflels  of  war»  or  on  board  any  other  (hips  or  vef- 
fels,  all  and  every  the  matters,  crewt  and  other  perfons, 
who  (hall  be  found  on  board  fttch  fl^ip  and  fliipt  aa  fliall  be 
feized  and  taken  at .  prize  at  aforefaid,  and  alfo  to  enter 
the  namea  of  fuch  of  the  faid  qtarxnert  and  crews*  upon 
the  book  or  books  of  hit  majefty't  lat^  ihipt  or  veflels,  as 
they  the  laid  flag  ottcers,  ca||»famt  and  eommaoders,  fliall 
refpedivelyi  think,  fit ;  IroA  the  time  and  tmetof  which 
faid  entries  refpeflivrly,  the  faid  mariners  and  crews  Hiall 
be  confidered,  and  they  are  hereby  declared  to  belong  to, 
and,  be  as  much  in  the  fervice  of  his  majelly,  to  all  in- 
tents and  purpofes,  as  if  the  faid  marinert  and  crews  had 
catered  themfclve«  voluntarily  to  ferve  on  borird  his  ma- 
jrfty's  faid  fltips  and  veflels  refpcdivdy,  and  alfo  that  it  Hiall 
and  may  be  lawftd  to  and  for  the  faid  flag  ofliccre,  captains 
end  commanders  reipe^ktvely,  to  detain,  or  caiife  to  br 
detained  and  kept,  the  maAera  and  other  pevfons,  and  aU'o 
fuch  others  of  the  mariners  and  crewt  of  the  faid  prize 
fhips  as  fliall  not  be  catered  upon  the  books  of  kit  maje(ty'« 
fliips  or  veflels  of  war  as  aforefaid,  lA  and  oH  board  any 
Hiip  or  fliips,  veflel  or  veflels  whatfoever,  until  the  arrival 
of  fuch  lall  mentioned  fliips  or  veflels  in  foflv  port  in 
Great  Britain  or  Ireland,  or  in  any  port  of  America,  not 
in  rebellion,  and  upon  tbe  arrival  of  thofe  fliips  co^vcfTcIs 
in  any  fuch  port  the  commanders  thfreof  are  henn>y  re- 
fpeclively  authorized  and  required  immediately  to  fet  tlv; 
faid  laft  mentioned  mariners  and  crews,  and  alfo  th<*  iaif\ 
aialttnj  and  otlier  perfons,  at  lil)Ciiy  on  fliorc  tb^re,. 


t    9^    1 
No.  3. 


« 


'New  York,  i^t^  March,  178 J, 


iRf 


By  the  Halifax  packet,  wc  have  received  a  difpatch,  from  Mr, 
Townfhend,  one  of  his  majefty'tt  principal  fccretaries  of  ftatc,  dated 
ihe  31ft  of  December,  1782,  enclofing  a  treaty  figned  at  Paris,  on 
iLe  30th  of  November,  which  we  are  direfled  to  tranfmit  to  congrefs. 
*— -leaving  been  thrown,  fir,  into  the  courfe  of  making  all  communi. 
cations  to  congrefs  through  your  excellency,  we  know  not  how,  with 
more  propriety,  to  mak«  the  communication  required,  than  through 
^he  accuftomed  channel ;  we,  therefore,  enclofe  in  the  prefent  letter, 
this  inftrument,  and  are  to  requeft  of  your  excellency  that  you  will, 
in  the  molk  fpeedy  manner,  forward  the  fame  to  congrefs. 

We  are,  Sir,  your  Excellency's  moft 
Obedient  and  moft  humble  fer^ants. 


(Signed) 


His  ExceBency 
Qeflf  Wafhington^ 


GUY  CAKI.ETON> 
RO?T.   DIGBY. 


No.  4. 


'^xiraB  of  a  Letter  from  Sir  Guy  Carleton  to  Rolert  R.  Livin^on, 
Effuref  dated  New  Tprkf  March  26th,  l^f^%^ 

Sir, 

t  HAVE  re«:ei\;ed  your  letter  of  the  24th  inftant,  enclofing  a 
I'efolution  of  congrefs  pf  the  fame  date,  taken  in  confequence  of  the 
jirrival  of  the  cutter  Triumphe,  commanded  by  Lieutenant  Duquefne, 
cvith  orders  of  the  loth  of  February  laft,  given  at  Cadiz,  by  Vice- 
Admiral  D'Eftaing,  for  him  to  put  to  fea,  and  cruife  on  fuch  ftati- 
ons  as  he  fliall  judge  mc^  likely  to  meet  with  fliips  of  his  nation,  and 
inform  them  of  the  happy  reconciliation  of  the  belligerent  powers, 
^nd  to  order  all  their  fliip3  of  war  to  ceafe  hoftilities  againft  thofe  of 
Great  Britain,  the  pr^iminary  articles  of  a  general  peace  being  figned 
the  20th  of  January:  You  thereupon  .are  pleafed  to  exprefs  your 
expefiation  that  I  woulj^  think  the  information  thus  conveyed,  '^  Sufr 
iiciently  authentic  to  juftify  my  taking  immediate  meafures  to  ftop  the 
further  effufion  of  blood.*' 

To  adopt  a  meafure  of  this  importanceit  it  is  neceflary  I  fiiould 
J'cceive  orders  frdK  home,  which  I  may  reafonably  exped:  every  hour, 
ias  a  cruifer  fent  out  on  other  purpofes,  is  already  arrived  at  Philadel- 
phia, and  I  affure  you,  fir,  I  only  wait  the  official  certainty  of  this 
jgreat  event,  to  airumc  the  language,  and  the  fpirit  too,  of  the  tnolt 
berfejSt  CQOciliation  fuid  p<  ace^ 


C    93    ] 

No.  5. 

Co^  of  a  Letter  from  Admiral  Dlghy  to  Robert  R.  Livingjon,  Efquire, 
*  "  New  Tori,  2ph,  March,   1 783. 

Sir, 
I  H  AV  E  received  your  letter,  enclofmg  me  the  refolve  of  con- 
grefs,  with  a  copy  of  a  letter  to  his  excellency  Sir  Guy  Carletoo, 
but  as  I  have  as  yet  received  no  official  accounts  from  England,  I 
mull  wait  till  you,  on  your  fide,  relieve  our  prifoners,  before  I  give 
that  general  relief  to  yours  I  fo  much  wifh.  There  can  be  no 
reafon  for  detaining  our  prifoners  one  moment,  as  congrefs  muft  fup- 
pofe  the  peace  figned,  I  fhall  take  every  precaution  in  my  power, 
confiftent  with  my  duty,  to  flop  any  further  mifchief  upon  the  feas, 
but  fhould  recommend  the  preventing  any  veiTels  failing,  as  I  have  not 
yet  received  fufficient  authority  to  enable  me  to  withdraw  my 
.cruifers. 

I  am.  Sir, 
Your  very  obedient  humble  fervant, 

ROBT.   DIGBY. 


Appendix 


1-6. 


A.   4. 


IP. 


D.  16. 
A.  20. 


26. 


J>.    I. 


No.  6. 

Maryland.  A£t  compelling  creditors  to  take  the  debt- 
or's land  at  an  appraifed  value.  Pajfed  before  the  war. 

Rhode  Jfland.  Paper  money  made  a  legal  tender.  MiPft 
Jfune,  1775. 

Rhode  I/land.  Ad  to  confifcate  and  fequeiler  eftates  and 
baniih  perfons  of  certain  defcriptions.  Odober,  1775- 

Rhode  Ifland.  Paper  money  made  a  legal  tender.  'JaaU' 
ary,  3^t*fyj  September,  1 776. 

Rhode  Jfland.  Kd  to  coniifcate,  fequefter  and  banifh,  as 
before,  in  Odober,  1775.  February,  March,  May,  j^une, 
July,  Augufi,  OQcber,  1776. 

Heio  Jerfey.  Aft  to  punifli  traitors  and  difaffefted  perfons, 
Oaober  \,   1776. 

Rhode  Ifland.  Paper  money  made  a  legal  tender.  February^ 

Virginia.  Aft  for  fequeftering  Britifh  property,  enabling 

thofe  indebted  to  Britifh  fubjefts  to  pay  off  fuch  debti. 

OSober,  1777. 
North  Carolina.  Aft  for  coidSfcating  the  property  of  all 

fuch  perfons  as  are  inimiclf  to  the  United  States.    AV 

vember,  1777. 
North  Carolina.  Aft 'for  eflablifliihg  courts  of  law(  and  fori 

regulating  the  proceedings  thereiii,  Sec.  1 01.  November, 

*  ^  f '  ,  «    .     .  ^  /      .  .       [ 


Appendix 


C    74    1 


A.    2. 


Jf5- 


14. 


21. 


Y. 


X2. 


27- 


41. 


22. 


3*- 
6. 


23- 


E.  5. 


A.  7. 
9. 


MaJfaehvftUi.  AA  to  prercnt  the  return  of  certain  perfont 

therein  named,  and  others  who  had  left  that  ftate  or 

either  of  the  United  States,  and  joined  the  eneniic»  there* 

of,  J  778. 
Rhode  IJland.  Ad  to  confifcatc,  fcquefler  and  baniih^  as 

in  Odober,  1775.  February,  OftobeTi  1778. 
Delaivare.  A6t  declaring  eft ates  of  certain  perfon^  forfeited, 

and  themfchres  iticapabTe  of  being  elected  to  any  office. 

February  5,  1778. 
rennfyhania.  AA  for  the  attainder  of  divers  trattar»,  and 

far  vefting  their  eftates  in  the  commonwealth,  if  they 

render   ndt  themfetves  by   a  certain   day.    March   6, 

1778. 
New  Jerfey,  Aft  for  taking  charge  of  and  leafmg  the  real 

eftates,  and  for  forfettiftg   peiional  eftate*^    of  certain 

fugitives  and  oiFendera.  Jlpril  18,  1778. 
New  Hampjbire.  Aft  to  confifcate  eftates  of  fundry  perfons 

therein  named.  November  2%,  1778. 
New  Jtrjey,  A6i  for  forfeiting  to,  and  vefting  in  the  ftate, 

the  real  eftates  of  certain  fugitive  offenders.    December 

II,  1778. 
iMqffachufetts.  Aft  to  confifcate  the  eftates  of  ceitain  noto- 
rious confpirator^  againft  the  government  and  liberties 

of  the  inhabitants  of  the  late  province,  now  ftate,  of  Ma£> 

iachufetts  Bay,  1779.  * 

North  CaroRna,  Aft  to  carry  into  efife^  the  aft  of  Novem« 
,     ber,  1777,  fo*"  confifcating,  &c.  yanuary^  1779* 
Rhode  JJlattd,  Aft  to  confifcate,  iequefter  and  banifti,  as 

in  Oftober,   1775^    February^  Mays  Augi^  September, 

OiUAer,  ITl^ 
F7$vitua,  Aft  concerning  efcheats  and  ftHrfnturcs  from  Bri« 

ttftl  Mijcfts,  May,  1779. 
Virginia,  Aft  to  amend  the  aft  concerning  c£chcats,  &c. 

May,  r779. 
Firgitiia,  Aft  for  the  removal  of  the  feat  of  government. 

May,  1779. 
New  Tork.  Aft  for  the  forfeiture  and  fales  of  the  eftates 

of  perfons  who  have  adhered  to  the  enemies  of  the  ftate. 

Oaober  22,  1779. 
Firgiitia.  Aft  to  amend  the  aft  concerning  efcheats  and 

forfeitures.    Oaober,  1779. 
Virginia,  Aft  for  the  proteftion  aiid  encouragement  of  the 

commerce  of  nations  acknowledging  the  ipdcpettdeace  of 

the  United  8ta«$  of  America.  OBober,  1779. 
Neof  Tori.  Aft  for  the  immediate  fale  of  part  of  the  con- 

fifcated  eftates.  March  10,  L780. 
\  New  Tork,  Aft  approving  the  aft  of  congrefs,  relative  to 

the  finances  of  the  United  States,  and  making  provifion 

for  redeeming  that  ftate's  proportion  of  bills  df  credit. 

yhne  15,  17?0. 


C    95    3 
Appendix 

A.-  4.    I  Rhode  Ifdnd,'A€t  to  eonfifcstte,  fequefter  wad  banifh, 

in  Odober,  1775.    Jtdyt  September,  OSoier,  1780. 

9.      iVirw  TorL  A£l  to  procure  a  f«m  of  fpecie,  for  the  pur-i 

pofe  of  redcemiiig  tile  bills   emitted,    6ec.    Odoher  j, 

.  16.  .    MaryltmJ.  A€t  for  caUinj^  out  of  circulation  the  quota  oi 
the  ftate,  of  the1>iUs  of  credit  iffued  by  congrcfs.    Sec* 
il,  Oaoier,  1780. 
,     17.      Marjimd.  A^  to  feizc,  con££:Me  and  appropriate  all  Bri- 
tifli  {n-opcrty  within' tiie  ftate.  O&ober,  1780. 
18.       Maryland,  A&.  to  appoint  commlffioncrs  to  preferve  con- 
fitoated  Briiiih  property.  0<sro^,  1780. 
-'■    19.       Maryland.  A  A  to  procure  a  loan,  and  for  the  fale  of  e£| 
cheat  lands,  and  the  coniifcated  Britifh  property  thereic 
mentioned.  OSoherf  1 780. 
4.      Rhode  Ijland.  A£t  to  confUcate,  fequefter  and  banifl),  as  it 
Odober,  1775.  January i  May,  17^1. 
24.       Virgmia,  A&.  to  adjuft  and  regulate  pay  and  account, 
officers  of  Virginia  line,  November,  1781. 
D.  2.       Virginia,  AGt  for  ditcAing  the  mode  of  adjufting  and  fet^ 
tting  the  payment  of  certun  debts  and  contraAs.  N<y 
vember,  178 1. 

A.  28.       South  Carolina,    A&.  for  difpofing  of  certain  eftates,  anc 
C.  10.  baniihing  certain,  perfons  therein  mentioned.    Februat 

26,  1782. 
D.  6.      Maryland,   Ad  to  prevent  fuits  on  certain  debts,  for 

limited  time.  AprS,  1782. 
A.  30.       Georgia,  A6l  for  inflicting  penalty  on,  and  confifcating  tl 
eftates  of,  fuch  perfons  as  are  therein  dedaird  guilty  o| 
ti-eafon,  and  for  other  purpd&s  therein  mentioned.  Ma 
4,  1782. 

35.       Virginia.  A&  for  providing  more  effe6tutd  funds  for  redemp« 
'       tion  of  certificates.  May^  1782. 
D.  5.       Virginia,  A&  to  repeal  fo  much  of  a  former  »&,,  M£nC\ 
pends  the  ifluiug  executions  upon  certain  judgnaenta  unta]^ 
December,  1783.  May,  178s. 
A*  34>      Maryland.  Ad  for  the  beneltt  of  the  children  of  Majoi 
Andre^/ Leitch.  jfme  l^,  1782. 
4.      Rhode  JJland.  Ad  to  contifcate,  fequefter,  and  baniHi,  al 

in  Odober,  1775.  J""'*  OHober,  November,   1782. 
13.      New  Jerjey,  AA  fuppkmental  to  the  oA  of  Odober  4^ 
1776,  to  puniih  traitors  iRid  difaffc61ed  perfons.  OOol 
3,  1782. 
D.  4.       Virginia,  Ad  to  amend  an  ad,  entitled.  An  ad  to  rep 

fo  much  of  a  former  ad,  as  lufpends  the  ifluing  exeautioni 

on  certain  judgments  till  December,  1 783.  OHober,  1 782^ 

November  30,  the  provifional  articles  between  the  United 

States  and  Great  Britain,  are  figned  at  Paris. '  i783« 


V 


# 


'W 


'^■ 


4 


lAppendi& 


C.  IS- 


17- 


[  A«  4* 


29. 
I,   16. 
18. 


f     96     1 

,  .  / 

January  2otli,   preliminary  articles  between  Fraflce  ftixl 

Great  Britain  are  figned  at  Paris,  alfo  epochs  fixed  for 

ceflation.   1783. 
P^nnfyl^ania,  Ad  to  attaint  H.. Gordon,  unlefs  he  rurren-> 

der  himfelf  before  a  given  day  (July  24,  1783.)  and  the 

feizk<  t  of  his  ettates  by  the  agent  of  forfeited  eftateff 

confirmed.  January  31,  1785. 
Georgia.  A.€t  to  point  out  the  mode  for  the  recovery  of 

property  unlawfiUly  acquire?  under  the  Britifh'ufurpationy 

and  withheld  from  th    '^.'^  iit  ownersi  and  for  other  pur- 

pofes.  February  17.   1783. 
Rhode  yiand.  PiSi  to  confifcatCi  fequefter  and  banifh,  as 

in  Odlober,  1775*  February i  May^  June,  Odobi^r.  i'j%$. 
[This  of  O&ober,  1783,  is  the  fame  probably  aa  C.  14.} 
March   15,  the  provifional  articles  are  in  Ofwald's  paper, 

Philadelphia*   1783. 
South  Carolina.  To  amend  the  a£lof  February,  26,  1782^ 

March  16,   1 783. 
Neiv  Tori.  A&.  for  granting  a  mbre  efifeftual  relief  in  cafes 

of  certain  trefpaffes.  March  if,  1783. 
New  Tori*  A&.  for  fuipending  the  profecutions  thcreiif 

mentioned.  March  21,  1783. 


We 

nefty 
perlon 
comm 
in   CO 


No.  7. 


(Copy) 


Paris,  ^h  November,  I'jBie 


GentlemSk,  '  ,1 

Y  O  U  may  remember,  that  from  the  very  firft  beginning  ot  our 
legociation  for  fettling  a  peace  between  Great  Britaiiniind  America^ 
infiiled  that  you  Ihould  pofitively  ftipulate  for  the  reftoration  of  the 
i»roperty  of  all  thofe  perfons  under  the  denomination  of  the  Loyalifts 
br  Refugees,  who  have  taken  part  with  Great  Britain  in  the  prefent 
or  if  the  property  had  been  re-fold,  and  paiTed  into  fuch  variety 
|>f  hands  as  to  render  the  reftoration  impracticable  (which  you  afTcrt- 
to  be  the  cafe  in  many  inftances)  you  fhonld  ftipulate  for  a  collie 
enfatioh  or  indemnification  to  thofe  perfons  adequate  to  their  loifes.-  . 
?o  thefe  prupofitions,  you  faid  you  could  not  accede.  Mn  Straehey, 
ince  his  arrival  at  Paris,  has  moft  ftrenuoufly  joined  me  in  infifting 
ipon  the  faid  reftitution,  compenfation,  or  indemnification,  and  in 
lying   before  you   every    ar^ment   m    favor   of  thofe    demands, 
>unded  upon  national  honor  and  upoirthe  true  principles  of  juftice. 
Thefe  demands  you  muft  have  underftood  to  extend  not  only  to- all 
cfons  of  the  above  mentioned  dsfcription,  who  have  fled  to  £u- 
jpe,   but  likewife  to  all  thofe  who  may  be  now  in  any  parts  of 
forth  America,  dwelling  nndev  the  protedion  of  his  majefty's  arms, 
br«therwife. 


*      [    97     3 

We  have  alfo  infifted  upon  a  mutual  ftipulation  for  a  general  am# 
nefty  on  both  fides,  comprehending  thereby  an  enlargement  of  al) 
perlonSf  who,  on  account  of  offences  committed,  or  fuppufed  to  be 
committed,  fince  the  commencement  of  hoftiltties,  may  be  now 
in  confinement,  and  for  an  immediate  re-pufleflion  of  their  pro-> 
perties,  and  peaceable  enjoyment  thereof,  under  the  government  of 
the  United  States.  To  this  you  have  not  hitherto  given  a  particukv 
or  dire£i  anfwer. 

It  is,  however,  incumbent  upon  me,  as  commiflioner  of  the  king 
of  Great  Britain,  to  repeat  thofe  feveral  demands,  and,  without  go« 
ing  over  thofe  arguments  upon  paper,  we  have  fo  often  ur^ed  in  ^on« 
verfation,  to  prefs  your  immediate  attention  to  thefe  fubje^s,  and  tp 
urge  you  to  enter  into  proper  ftipulations  for  the  reftitution,  com" 
penfation,  and  amnefty  above  mentioned,  before  we  proceed  further 
m  this  negociation. 

I  have  the  honor  to  be,  &c. 

RICJiARP  OSWALP. 
To  J.  Adams,  B.  Franklin,  and  J.  J;iy, 

Efquiresy  Comtnyjioners  from  the  Thirteen 

United  Statef  of  ylnuricOf  for  treating  of 

Peace  between  the  f aid  Staffs  and  the  King 

•f  Great  Britain* 

No.  8 
Sir,  »78j,, 

I N  anfwer  to  the  letter  you  did  us  the  honor  to  write  on  the  4tH 
inftant,  we  beg  leave  to  repeat  what  we  often  faid  in  converfation^ 
viz.  that  the  relloration  of  fuch  of  the  eftutes  of  refugees  as  have 
been  confifcated,  is  impra£licable,  becaufe  they  were  confifcated  by 
laws  of  particular  flates,  and  in  many  inltances  have  paffed,  by  legal 
titles,  through  feveral  hands.  Beiides,  fir,  as  this  is  a  matter  evident-* 
ly  appertaining  to  the  internal  polity  of  the  feparate  ftates,  the  con-* 
grefs,  by  the  nature  of  our  conftitution,  have  no  authority  to  inter« 
fere  with  it. 

As  to  your  demand  of  compenfation  tp  thofe  perfons,  we  forbear 
enumerating  our  reafons  for  thinking  it  ill-founded  :  In  the  moment 
of  conciliatory  overtures  it  would  not  be  proper  to  call  certain  fcenes 
into  view,  over  which  a  variety  of  confiderations  (hould  induce  both 
parties  at  prefent  to  draw  a  veil.  Permit  us,  therefore,  only  to  re* 
peat,  that  we  cannot  ftipulate  for  fuch  compenfation,  unlefs  on  your 
part  it  be  agreed  to  make  retribution  to  our  citizens  for  the  heavy 
lofles  they  have  fuftained  by  the  unneceifary  deftrudiioa  of  priyjitQ 
property.  » 

We  have  already  agreed  to  an  amnefty  more  extenfive  than  juft!ce 
required,  and  full  as  extenfive  as  humanity  could  demand  :  We  can, 
therefore,  only  repeat,  that  it  cannot  be  extended  farther.  We  (hould 
be  forry  if  the  abfolute  impoflibility  of  our  complying  further  with 
your  propofitions,  fhould  induce  Great  Britain  to  continue  the  war 
for  the  lakc  of  thoft:  who  caufed  and  prolonged  it :    but  if  t|)Si| 

0» 


:•-,/: 


JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 


C   98   ]      * 

(hould  be  the  cafe,  we  hope  that  the  utmoft  latitude  wiQ  not  be  again 
given  to  its  rigours. 

Whatever  may  be  the  iffue  of  this  negociation,  be  affured,  fir, 
that  we  (hall  always  acknowledge  the  liberal,  manly,  and  candid  man- 
ner, in  which  you  have  condu6^ed  it,  and  that  we  (hall  remain  with 
the  warmeft  fentiments  of  efteem  and  regard, 

Sir,  yours,  &c. 
To  Richard  Ofwald,  Efquire,  his  Bri- 
tannic Majefiy*s  CommijiJionery for  treat- 
ing of  Peace  with  the  Commtjjioners  of 
the  United  States  of  Anurica. 

No.  9. 

Extra£ls  from  Mr.  Adamses  Journal  rejj^ding  Peace, 

Monday.  November  11,  1782. 

Mr.  Whitefoord,  the  fecretary  of  Mr.  Ofwald,  came  a  fecond 
time.  We  fell  foon  into  politics.  I  told  him  the  French  minifter  at 
Philadelphia  had  made  fume  reprefentations  to  congrefs  in  favor  of  a 
cpmpenfation  to  the  royalifts,  and  the  Count  de  Vcrgennes  no  long- 
er than  yeftcrday  faid  much  to  me  in  their  favor.  The  count  prob- 
ably knows,  that  we  are  inftrufted  againft  it — that  congrefs  are  in- 
ftru£ied  againft  it,  or,  rather,  have  not  conftitutional  authority  to  do 
it — that  we  can  only  write  about  it  to  congiefs,  and  they  to  the 
ftates,  who  may,  and  probably  will,  deliberate  upon  it  eighteen 
months  before  they  all  decide,  and  then  every  one  of  them  will  de- 
termine againft  it. 

Friday,  No%emler  15,   1782. 

Mr.  Ofwald  came  to  vifit  me,  and  entered,  with  fame  freedom, 
into  coriverfation. — He  faid  he  had  been  reading  Mr,  Paine's  anfwer 
to  the  Abby  Raynal,  and  had  found  there  an  excellent  argument  in 
favor  of  the  torics.  Mr.  Paine  fays  that  before  the  battle  of  Lex- 
ington, we  were  fo  blindly  prejudiced  in  favor  of  the  £ngli(h,  and  fo 
clofely  attached  to  them,  that  we  went  to  war  at  any  time  and  for 
any  objeft,  when  they  bid  us.  Now  this  being  habitual  to  the  Ame- 
ricans, it  was  excufable  in  the  tories  to  behave  upon  this  occafion,  as 
all  of  us  had  ever  done  upon  all  others.  He  faid  if  he  were  a  member 
of  congrefs,  he  would  (how  a  magnanimity  upon  this  occafion,  and 
would  fay  to  the  refugees,  take  your  property— -we  fcom  to  make 
any  ufe  of  it  in  building  up  our  fyftem. 

I  replied,  that  we  had  no  power,  and  congrefs  had  no  power,  and, 
therefore,  we  muft  confider  how  it  would  be  reafoned  upon  in  the  fe- 
veral  legiflaturcs  of  the  feparate  ftates,  if,  after  being  fent  by  us  to 
congrefs,  and  by  them  to  the  feveral  ftates,  in  the  courfe  of  twelve  ov 
fifteen  months  it  (hould  be  there  debated.  You  muft  carry  on  the  war 
fix  or  nine  months  ceilainly  for  this  compenfation,  and  confequently 
fpend,  in  the  profecution  of  it,  fix  or  nine  times  the  fum  neceflary  to 
make  the  compenfation — for  I  prefume  this  war  cofts  every  month  to 
Great  Britain,  a  larger  fum  than  w^ould  be  nece(rary  to  pay  for  th© 
forfeited  eftates. 


^ 


y  as 
ember 

and 
make 


^        L     99     ] 

England  means  by  infifting  on  our  compenfating  thefe  worft  of 
tnemieS)  to  obtain  from  us  a  tacit  acknowledgement  of  the  right  of 
the  war,  an  implicit  acknowledgement  that  the  tories  have  been  juf- 
tiiiablet  or  at  lealt  excufeble,  and  that  we,  only  by  a  fortunate  coin- 
ridence  of  events,  have  carried  a  wicked  rebellion  into  a  complete 
Jrevolutionk 

At  the  very  time  when  Britain  profefles  to  defire  peace,  reconcili- 
ation, pei-petual  oblivion  of  all  pad  unkindnefles,  can  (he  wi(h  to  fend 
in  among  us,  a  number  of  perfons  whofe  very  countenances  will  bring 
frefh  to  our  remembrance,  the  whole  hillory  of  the  rife  and  progreu 
of  the  war,  and  of  all  its  atrocities  ?  Can  (he  think  it  conciliatory, 
to  oblige  us  to  lay  taxea  upon  thofe  whofe  habitations  have  been 
confumed,  to  reward  thofe  who  have  burned  them  ?  Upon  thofe, 
whofe  property  has  been  ftolen,  to  reward  the  thieves  ?  Upon  thofe 
whofe  relations  have  been  cruelly  de(lroyed,  to  compenfate  the  mur- 
derers ? 

Sunday,.  A'ovfw^w  17,  1782. 

Mr.  Vaughan  came  to  me,  yefteid  'y,  and  faid  that  Mr.  Ofwald 
bad  that  morning  called  upon  Mr.  Jay,  and  told  him,  if  he  had 
known  as  much  the  day  before,  as  he  had  fmce  learned,  he  would 
have  written  to  go  home.  Mr.  V.  faid,  Mr.  Fitzherbert  had  received 
a  letter  from  Lord  Townfliend,  that  the  compcnfaticn  would  be  in- 
fifted  on.  Mr»  Ofwald  wanted  Mr.  Jay  to  go  to  England — ^thought 
he  could  convince  the  minlftry.  Mr.  Jay  faid  he  mult  go  with  or 
without  the  knowledge  and  advice  of  the  court,  and  in  either  cafe  it 
would  give  rife  to  jealoufies.  He  could  not  go.  Mr.  Vaughan  faid  he 
had  determined  to  go,  on  account  of  the  critical  (late  of  his  iamily, 
his  wife  being  probably  a  bed,  he  (hould  be  glad  to  converfe  freely 
with  me,  and  obtain  from  me  all  the  lights  and  arguments  againll 
the  tories,  even  the  hiftory  of  their  worll  actions — that  in  cafe  it 
ihould  be  necelfary  to  run  them  down,  it  might  be  done,  or  at  lea(t 
€xpofe  them,  for  their  tnie  hiftory  was  little  known  in  England.  I 
told  him,  I  mult  be  excufed,  i*^  was  a  fubje^  that  I  had  never  been 
de(irous  of  obtaining  information  upon  ;  that  I  pitied  thofe  people 
too  much,  to  be  willing  to  aggravate  their  furrows  and  fuS^rings, 
even  of  thofe  who  had  deferved  the  word.  It  might  not  be  amifs  to 
reprint  the  letters  of  Bernard,  Hutchinfou  and  Oliver,  to  (how  the 
rife — it  might  not  be  amifs  to  read  the  hiftory  of  Wyoming  in  the 
annual  regifter  for  1778  or  9,  to  recollect  the  prifon  (hips,  and  the 
churches  at  New  York  M^ere  the  garrifoos  of  Fort  Waftwngton  were 
ftarved,  in  order  to  make  them  inlift  in  refugee  coips,  it  might  not 
he  amifs  to  •recoUe6t  the  burning  of  cities,  and  the  thefts  of  plate, 
negroes,  and  tobacco.  .  ' 

I  entered  into  the  f<^me  Frguments  with  htm  that  I  had  ufcd  with 
Mr.  Ofwald,  to  (how  that  we  could  do  nothing — congrefs  nothing 
— the  time  it  would  take  to  confuh  the  ftates,  and  the  reafons  to  be- 
lieve, that  all  of  them  would  at  laft  decide  againft  it.  I  (howed  him 
that  it  would  be  a  religious  queftion  with  fome — a  moial  one  with 
others,  and  a  political  one  with  more. — An  economical  one,  with  very 


4— J.AS«J  . 


,1.. 


C     xoo     ]       ' 

Uir.  I  fliowed  him  the  ill  rfFcA  which  would  be  produced  upon  the 
American  mind,  by  this  meafure — how  much  it  would  contribute  to 
^rpetuate  alienation  againft  England,  and  how  French  emiflariei 
might,  by  means  of  thtrfe  men,  blow  up  the  flames  of  animofity  and 
Waft  4'ftiowed  him  how  the  whig  intereft  and  the  oppofition  might 
ilvail  themfelves  of  this  fuhjefl  in  parliament,  and  how  they  might 
cmb^rrais  the  minifter. 

He  Went  out  to  Pafly  for  a  paflport,  and  in  the  evening  called  up- 
tin  me  again-Si^he  faid  he  found  Dodlor  Franklin's  fentimcnts  to  be  the 
(ztAt  with  Mr.  Jay's  and  mine,  and  hoped  he  (hould  be  able  to  convince 
JLtot-d  iShelbume — he  was  pretty  confident  it  would  work  right — The 
Ininiftry  slnd  nation  were  not  informed  upon  the  fubjed.  Lord  Shel- 
bufne  had  told  him  that  no  part  of  his  office  gave  him  fo  much  pain 
dB  the  levee  he  held  for  thefe  people,  and  hearing  their  (lories  of  their 
fartiilieii  and  eftates,  their  lofles,  fufferings,  and  diftrefles.  Mr.  Vaughan 
faid  he  had  picked  up  here  a  good  deal  of  information  about  thefe 
(leoplcy  from  Mr.  Allen  and  other  Americans. 

Friday,  November  tg,   1782* 

Met  Mr.  FitRherbert,  Mr.  Ofwald,  Mr.  Franklin,  Mr.  Jay,  Mr. 
Laurens,  and  Mr.  Strachey,  at  Mr.  Jay's  hotel  d'Orleans,  and  fpent 
the  whole  day  in  difcuffions  about  the  fifhery  and  tones.  I  propofed 
a  hew  Hftide  concerning  the  fifhery — it  was  difcufled,  and  turned  in 
every  light.  Mr.  Fitiherbert  faid,  the  argument  is  in  your  favor,  I 
muft  confefS)  your  reafons  appear  to  be  good ;  but  Ofwald's  inftrufti- 
biiS  Were  fuch,  that  he  did  not  fee  how  he  could  agree  with  us.  I 
replied  to  this-^The  time  is  not  fo  prefllng  upon  us,  but  that  we 
^an  Wait  till  a  courier  goes  to  London  with  your  reprefentations  up- 
%ii  this  fubje£t,  and  others  that  remain  between  us,  and  I  think  the 
tnlniftefs  mull  be  convinced. 

Mn  Fitzherbert  faid,  to  l^nd  again  to  London,  and  have  all  hid 
ibbfe  before  parliament,  was  fo  uncertain  a  meafure,  it  was  going  to 
fsA  again* 

Upon  this  Dodor  Franklin  faid,  that  if  another  meffenger  was  to 
DC  fent  to  London,  he  ought  to  carry  fomcthing  more  refpedting  a 
cothpenfation  to  the  fuffcrers  in  America.  He  produced  a  paper  from 
his  pocket,  in  which  he  had  'drawn  up  a  claim,  and  he  faid  the  firft 
|>rinc{ple  of  the  treaty  was  equality  and  reciprocity. — Now  they  de- 
manded of  us  payment  of  debts,  and  reftitution  or  compenfation  to 
the  refugees.  If  a  draper  had  fold  a  piece  of  cloth  to  a  man  upon 
credit^  and  then  fent  a  fenrant  to  take  it  Axjm  him  by  force,  and  af- 
ter bring  his  a£Hon  for  the  debt,  would  any  court  of  law  or  equity 
^ve  him  hit  demand  without  obliging  him  to  reftore  the  cloth.  Then 
he  ftated  the  carrying  off  of  goods  from  Bofton,  Philadelphia,  and 
'the  Carolinas,  Greorgia,  Virginia,  &c.  and  the  burning  of  the  towns, 
f^^),  and  deiired  that  this  might  be  fent  with  the  reft. 

Upon  this  I  recounted  the  hiftory  of  General  Gage's  agreement 

'With  the  inhabitants  of  Bofton,  that  they  fliould  remove  with  their 

tl^i^S,  upon  condition  that  they  would  furrender  their  arms :  but  as 

foOD  Ad  the  annj  were  fecurcd,  the  goods  were  forbid  to  be  carried 


4>\it,  and  were  fiaally  carried  off  in  large  quantities  to  Halifax.  DoC' 
tor  Franklin  mentioned  the  cafe  of  Philadelphia,  and  the  carrying  off 
effects  there — even  his  own  library.  Mr.  Jay  mentioned  fevenil  other 
thingSf  and  Mr.  Laurens  added  the  plunders  in  Carolina  of  negroes, 
plate,  &c. 

After  hearing  all  this,  Mr.  Fitzherbert,  Mr.  Ofwald,  and  Mr. 
Strachey  retired  for  fome  time,  and  returning,  Mr.  Fitzherbert  faid, 
that  upon  confulting  together,  and  weighing  every  thing  as  maturely 
aspoiuble,  Mr.  Strachey  and  himfelf  had  determined  to  advife  Mr. 
Ofwald  to  ftrike  with  us  according  to  the  terms  we  had  propofcd  as 
our  ulumatum  re(jpc£ling  the  fifhery  and  the  loyaliils.  Accordingly 
we  all  fat  down  and  read  over  the  whole  treaty  and  con-edled  it,  and 
agreed  to  meet  to-morrow  at  Mr.  Ofwald^s  houfe,  to  fign  and  feal  the 
treaties,  which  the  fecretaries  were  to  copy  fair  in  the  mean  time. 
Satukday,  November  30/A,  St.  Andrew's  Day. 

We  met  firft  at  Mr.  Jay's,  then  at  Mr.  Ofwald's,  examined  and 
compared  the  treaties.  Mr.  Strachey  had  left  out  the  limitation  of 
time,  the  twelve  months,  that  the  refugees  were  allowed  to  refide  in 
America ;  in  order  to  recover  their  eitates  if  they  could.  Dr.  Frank- 
lin faid  this  was  a  furprife  upon  us.  Mr.  Jay  faid  fo  too — ^we  never 
had  confented  to  leave  it  out,  and  they  infiiled  upon  putting  it  in, 
which  was  done.  Then  the  treaties  were  figned,  fealed,  and  delivered. 

No.  10. 

MxtraBs  of  Letters  from  Do8or  FrankRn,  Iq  the  honorable  Robert  R, 

Liivittgjlon  Efq.  Secretary  for  Foreign  Affairs. 

Passy,  Oftober  14th.  1782. 
SOMETHING  has  been  mentioned  about  the  refugees  and 
Engliih  debts,  but  not  inlifted  on,  as  we  declared  at  once  that  what- 
ever confifcations  had  been  made  in  America  being  in  virtue  of  the 
laws  of  particular  ftates,  the  congrefs  had  no  authority  to  repeal  thofe 
laws,  and  therefore  could  give  us  none  to  ilipulate  fur  fuch  repeal. 

Passy,  December  5th,  1782. 
The  Britiih  Minifter  ftruggled  hard  for  two  points,  that  the  fa> 
vors  granted  to  the  royalills  (hould  be  extended  and  our  filhery  con^ 
tradled.  We  filenced  them  on  the  firft  by  threatening  to  produce  an  ac- 
count of  the  mifchiefs  done  by  thofe  people,  and  as  to  the  fecond,  vtrhen 
they  told  us  they  could  not  poffibly  agree  to  it,  as  we  required  it, 
and  muft  refer  it  to  the  miniftry  in  London,  we  produced  a  new  ar- 
ticle to  be  referred  at  the  fame  time,  with  a  note  of  fadls  in  fupport 
of  it,  which  you  have  No.  3.  Apparently,  it  feemed,  that  to  avoid 
the  difcuffion  of  this,  they  fuddenly  changed  their  minds,  dropped  the 
defign  of  recurring  to  London,  and  agreed  to  allow  the  fiihery  as 
demanded. 
Extras  of  a  Letter  from  Do8or  Franklin  to  Richard  Of waU,  Efquire, 

Passy,  November  2 6rh,  1782. 
Sir, 
YOU  may  well  remember,  that  in  the  beginning  of  our  confcr- 
ieaces,  before  the  other  commiffioners  arrived,  on  your  mentioning  to 


t      102     ^ 

tne  a  retribution  for  the  loyalifts  whofe  eftates  had  been  forfeited,  t 
acquainted  you  that  nothing  of  tliat  kind  could  be  ftipulated  by  us^ 
the  confifcation  being  made  by  virtue  of  laws  of  particular  (tates, 
which  the  congrcfs  had  no  power  to  contravene  or  difpenfe  with,  and, 
ther'>fure,  could  give  us  no  fuch  authority  in  our  commiflion.  And  I 
gave  it  as  my  opinion  and  advice,  honedly  and  cordially,  that  if  a 
reconciliation  was  intended,  no  mention  fttould  be  made,  in  our  ne* 
gociations,  of  thofe  people  ;  for  they  having  done  infinite  mifchief  to 
our  properties,  by  wantonly  burning  and  deltroying  farm-houfes,  vil- 
lages and  towns,  if  compenfation  for  their  lofes  were  infilled  on,  we 
fliould  certainly  exhibit  againft  it  an  account  of  all  the  ravages  they 
had  committed,  which  would  neceffarily  recall  to  view  fcencs  of  bar- 
barity that  muft  inflame  inilead  of  conciliating,  and  tend  to  perpetu« 
ate  an  enmity  that  we  all  profefs  a  dcfire  of  extinguifhing.  Under- 
Handing,  however,  from  you,  that  this  was  a  point  your  miniftry  had 
at  heart,  I  wrote  concerning  it  to  congrefs,  and  I  have  lately  receiv- 
ed the  following  refolution — viz. 

"  By  the  United  States  tn  Congress  affembleJ. 

September  io,  1782. 

«  RESOLVED,  That  the  fecretary  for  foreign  affairs  be,  and 
he  is  hereby  diredled  to  obtain,  as  fpeedily  as  poflible,  authentic  re- 
turns of  the  flaves  and  other  property  which  have  been  carried  off  or 
deftroycd  in  the  courfe  of  the  war,  by  tlie  enemy,  and  to  tranfmit  the 
fame  to  the  minifters  plenipotentiary  for  negociating  peace." 

"  RESOLVED,  That,  in  the  mean  time,  the  fecretary  for  fo- 
reign affairs  inform  the  faid  minifters,  that  many  thoufands  of  flaves 
and  other  property  to  a  very  great  amount,  have  been  carried  off  or 
deftroyed  by  the  enemy  ;  and  that,  in  the  opinion  of  congrefs,  the 
great  lofs  of  property  which  the  citizens  of  the  United  States  have 
fuftained  by  the  enemy,  will  be  confidered  by  the  feveral  ftates,  as  an 
infuperable  bar  to  their  making  reftitution,  or  indemnification  to  the 
former  owners  of  property,  which  has  been,  or  may  be  forfeited  to, 
or  confifcated  by,  any  of  the  ftates." 

Ill  confequence  of  thefe  refolutions,  and  the  circular  letters  of  the 
fecretary,  the  affembly  of  Pennfylvania,  then  fitting,  paiTed  the  fol- 
lowing aA,  viz* 

**  A  N  A<ft  for  procuring  an  eftimate  of  the  damages  fi.ftajned  by 
the  inhabitants  of  Ponnfylvania,  from  the  troops  and  adherents  of  the 
king  of  Great  Britain,  during  the  prefent  war." 

We  have  not  yet  had  time  to  hear  what  has  been  done  by  the 
other  affemblies,  but  I  have  no  doubt  that  fimilar  a6ls  will  be  made 
by  all  of  them,  and  that  the  mafs  of  evidence  produced  by  the  executi- 
on of  thofe  afts,  not  only  of  the  enormities  committed  by  thofe  peo- 
ple, under  the  direction  of  Britidi  generals,  but  of  thofe  committed 
by  the  Britifh  troops  themfelves,  ^ill  fonti  a  record  that  muft  render 
the  Britifh  name  odious  in  America  to  the  lateft  generations.  In 
that  authentic  record  will  be  found  the  burning  of  the  fine  towns  of 
Charleftown,  near  Bofton,  of  Falmouth,  juft  before  winter,  when  the 
iick,  the  aged,  the  women  and  children  were  driveift  to  feek  fhelter 


% 


C     103    ] 

where  they  could  hardly  find  it.  Of  Norfolk,  In  the  midft  of  winter. 
Of  New  London,  of  Fairfield,  of  Efupus,  ^c.  kc.  befides  near  a 
hundred  and  fifty  miles  of  well  fettled  country  laid  waftc,  every  houfe 
and  barn  burnt,  and  many  hundred  of  farmers,  with  their  wives  and 
children,  butchered  and  fcalped. 

The  prefent  Britifh  minifters  when  they  refle£l  a  little,  will  cer- 
tainly be  too  equitable  to  fuppofe,  that  their  nation  has  a  right  to 
make  an  unjufi  war  (which  they  have  always  allowed  thisagainil  ui 
to  be)  and  to  do  all  forts  of  unneccffary  mifchief,  unjuiUfiabIc  by  the 
praAice  of  any  civilized  people,  which  thofe  they  make  war  with, 
are  to  fuffer  without  claimmg  any  fatisfadllon,  but  that  if  Britons  or 
their  adherents,  are  in  return  deprived  of  any  property,  it  is  to  be 
rcftored  to  them,  or  they  are  to  be  indemnified.  The  Britifli  troops 
can  never  excufe  their  barbarities.  They  were  unprovoked.  The  loy- 
alifts  may  fay  in  excufe  of  theirs,  that  they  were  exafperated  by  the 
*ofs  of  their  ellates,  and  it  was  revenge.  They  have  then  had  their 
revenge.  Is  it  right  they  fliould  have  both  ? 

Some  of  thefe  people  may  have  a  merit  with  regard  to  Britain, 
thofe  who  efpoufed  her  caufe  from  affeflion ;  thefe  it  may  become 
you, to  reward.  But  there  are  many  of  them  who  were  waverers,  and 
were  only  determined  to  engage  in  it  by  fome  occafional  circum- 
ftances  or  appearances;  thefe  have  not  much  of, either  merit  or  deme- 
rit, and  there  are  others  who  have  abundance  of  demerit,  refpedling 
your  country,  having  by  their  falfehoods  and  mifreprefentations, 
brought  on  and  encouraged  the  continuance  of  the  war.  Thefe  in- 
ftead  of  being  recompenfed,  fhould  be  puniflied. 

It  is  ufual  among  Chriftian  people  at  war,  to  profefs  always  a  defire 
of  peace.  But  if  the  minifters  of  one  of  the  parties  choofe  to  infift 
particularly  on  a  c^  tain  article  which  they  have  known  the  others 
are  not  and  cannot  be  empowered  to  agree  to,  what  credit  can  they 
expe£l  fliould  be  given  to  fuch  profciliuns  ? 

Your  minifters  require  that  we  ihould  receive  again  into  our  bofom, 
thofe  who  have  been  our  bittereft  enemies,  and  reftore  their  properties 
who  have  deftroyed  ours ;  and  this,  while  the  wounds  they  have  giveq 
us  are  ftill  bleeding.  It  is  many  years  fince  your  nation  expelled  the 
Stuarts  and  their  adherents,  and  confifcated  their  eftates.  Much  of 
your  r^fentment  againft  them  may,  by  this  time,  be  abated;  yet  if 
we  fliould  propofe  it,  and  infift  on  it  as  an  article  of  our  treaty  with 
you,  that  that  famjly  |hould  be  recalled  and  the  forfeited  eftates  of  its 
friends  reftored,  would  you  think  us  ferious  in  our  profclfions  of  ear- 
neftly  defiring  peace  ? 

I  muft  repeat  my  opinion,  that  it  is  heft  for  you  to  drop  all  men- 
tion of  the  refugees.  We  have  propofed,  indeed,  nothing  but  wha^ 
we  think  beft  for  you  as  well  as  ourfelves.  But  if  you  will  have  them 
mentioned,  let  it  be  in  an  article  which  may  provide,  that  they  ftiaU 
exhibic  accounts  of  their  lofles,  to  fommiffioncrs  hereafter  to  be  apr 
pointed,  who  fliall  examine  the  fame  together  with  the  accounts  now 
preparing  in  America,  of  the  damage  done  by  them,  and  ftate  the 
account,  and  that  if  a  balaoQe  appears  in  their  favor,  it  Hiall  be  pai4 


m 


C    104   ] 


hy  us  to  you,  and  by  you  divided  among  then),  n  you  (hall  think 
prdpcr.  And  if  the  balance  is  found  due  to  us,  it  (hall  be  paid  by  you. 

Give  mc  leave,  however,  toadvife  you  to  prevent  the  neceflity  of  fo 
dreadful  a  dirccfllon,  by  dropping  the  article,  that  vire  may  write  to 
America,  and  Hop  the  enquiry. 

I  have  the  honor  to  be,  &c. 

B.   FRANKLIN. 
Article  $th  (propofed) 

It  is  agreed  that  his  Britannic  majefty  will  earnedly  recommend  it  to 
his  parliament  to  provide  for  and  make  compenfation  to  the  merchants 
and  (hop  keepers  of  Bofton,  whofe  goods  and  merchandize  were 
feized  and  taken  out  of  the  (lores,  ware  houfes  and  (hops,  by  order 
of  General  Gage,  and  others  of  his  commanders  or  officers  there : 
jind  alfo  to  the  mhabitants  of  Philadelphia  for  the  goods  taken  away 
by  his  army  there,  and  to  make  compenfation  alfo  for  the  tobacco, 
rice,  indigo,  and  negroes,  &c.  feized  and  carried  o(f  by  his  armies 
under  Generals  Arnold,  Cornwallis,  and  others,  from  the  (lates  of 
Virginia,  North  and  South  Carolina  and  Georgia :  and  alfo  for  all 
vefTels  and  cargoes  belonging  to  the  inhabitants  of  the  faid  United 
States,  which  were  Hopped,  feized,  or  taken,  either  in  the  ports  or 
on  the  feas,  by  his  governors,  or  by  his  (hips  of  war,  before  the  de- 
claration of  war  againft  the  faid  (lates. 

And  it  is  further  agreed  that  his  Britannic  majedy  will  alfo  earneftly 
recommend  it  to  his  parliament  to  make  compenfation  for  all  the 
towns,  villages  and  farms,  burnt  and  dedroyed  by  his  troops  or  adhe> 
rents  in  the  faid  United  States. 

FACTS. 

There  exifted  a  free  commerce,  upon  mutual  faith,  between  Great 
Britain  and  America.  The  merchants  of  the  former  credited  the  mer- 
chants and  planters  of  the  latter  with  great  quantities  of  goods,  on 
the  common  expe£lation  that  the  merchants  having  fold  the  goods 
would  make  the  accudomed  remittances ;  that  the  planters  would  do 
the  fame  by  the  labour  of  their  negroes,  and  the  produce  of  that 
labour,  tobacco,  rice,  indigo,  &c. 

England,  before  the  goods  were  fold  in  America,  fends  an  armed 
force,  feizes  thofc  goods  in  the  dores,  fome  even  in  the  (hips  that 
brought  them,  and  carries  them  o(F:  feizes  alfo  and  catries  off  the 
tobacco,  rice,  and  indigo,  provided  by  the  planters  to  make  returns, 
and  even  the  negroes,  from  whofe  labour  they  might  hope  to  raifc 
other  produce  for  that  purpofe. 

Britain  now  demands  that  the  debts  (hall  neverthelefs  be  paid. 

Will  (he,  can  (he,"judly  refufe  making  compenfation  for  fuch 
Seizures  I 

If  a  draper,  who  had  fold  a  piece  of  linen  to  a  neighbour  on  cre- 
dit, (hould  follow  him,  take  the  linen  from  him  by  force,  and  then 
ftnd  a  bailiff  to  arred  him  for  the  debt,  would  any  court  of  law  or 
equity  award  the  payment  of  the  debt,  without  ordering  reditution  of 
the  cloth  ? 


Wi 
b*  not 
doubly 
Paris  J 
all  the] 
they  hi 


Extraft 


MR 
dums 

That 
Ofwald' 
depa  in 
redorati 
place. 

As  to 
tlrat  the 
cular  dai 
congrefs 
to  repeal 
no  powe 
pie:  tha 
were  jud 
rather  tht 
derany  1 
fentation; 
war — anc 
we  (hould 
fommitte 
the  reafo 
told  the  I 
to  be  exp 


Extras  oj 
al'ing  P 

PERi 
tions  of  X 
made  in  tl 
requeded 
the  enemy 
the  legid? 
but  that  1 
fQ  the  apf 


C     «05     3 

Will  not  the  debtors  in  AniiTica  cry  out  tliat  if  this  componfntr^A 
b*  not  made,  tUcy  were  bctr«ycd  by  the  pretemLJ  civilit,  and  arc  now 
doubly  rujtied: — hrlt  by  the  enemy,  and  then  by  the  ne^^ociatursi  ad 
Paris  i  the  goudH  and  no^roe:)  Told  them  bciiijf  taken  from  litorn,  with 
all  they  had  bclidcs,  And  they  arc  now  to  be  ubU^cd  to  pay  for  whal; 
they  have  been  rubbed  uf  ? 

No.  II. 
Extralisfrom  DoSor  FranhRn's  'Journal  of  Negnciat'tons  for  Peace  <wit^ 

Great  Britain. 

MR.  OSWALD  alfo  gave  me  a  copy  of  a  paper  of  memoran<> 
dums  written  by  Lord  Shelburne,  viz. 

That  an  eftablifhmcnt  for  the  loyalifts  muft  always  be  upon  Mr» 
Ofwald's  mind,  as  it  is  uppermoft  in  Lord  Shrlburni-'s,  bcfidcs  other 
ftepa  in  their  favor,  to  influence  the  feveral  Hates  to  agree  to  a  fair 
reftoration  or  compcnfation  fur  whatever  cunGfcatiiins  have  tnk.cn 
place. 

As  to  the  loyalids  I  repeated  what  I  had  faidtq  him  when  fird  here» 
tlrat  their  ellates  had  been  confifcated  by  the  laws  made  in  the  parti- 
cular ftatcs,  vvhere  the  delinquents  had  refided,  and  not  by  any  law  pf 
congrefs,  who,  indeed,  had  no  power  either  to  make  fuch  law»»  or 
to  repeal  them,  or  to  difpenfe  with  them ;  and,  therefore,  could  give 
no  power  to  their  commiifioners  to  treat  of  a  reftoration  fur  thofc  peo- 
ple :  that  it  was  an  affair  appertaining  to  each  flate.  That  if  there 
were  juftice  in  compenfating  them,  it  muft  be  due  from  England 
rather  than  from  America  ;  but  in  my  opinion,  England  was  not  uo-. 
der  any  very  great  obligations  to  them,  fince  it  was  by  their  mifreprcr 
fentations  and  bad  counfels  ttiat  (he  had  been  drawn  into  this  miferable 
w^r — and  that  if  an  account  was  to  be  brought  aga!n(l  us  for  theij-  lofTes, 
we  fhould  more  than  balance  it  by  an  account  of  the  ravages  they  had 
fommitted  all  along  the  coails  uf  America.  Mr.  OTwald  agreed  ta 
the  reafonablenefs  oi  all  this,  and  faid  he  had  before  he  came  away^ 
told  the  miniiters  that  he  thought  no  recomp.:nfe  to  thofe  people  \tfa% 
to  be  expedied  from  us.  .^^    .j, 

.         . r— .    .,  .   ^^l\'..'. 

No.    12. 

Extras  of  a  Letter  from  the  Commiffioners  9f  the  UiAted  States  fornegocin 

aling  Peace  with  Qreat  Brilain,  to  the  PrefiJent  of  Congrefs^  dated 

Passy,  iQth  Septeniber,  1783', 
PERMIT  us  to  obferve,  that  in  our  opinion,  the  fecommenda*^ 
tions  of  congrcfs,  promifed  in  the  5th  article,  fhould  immediately  be 
made  in  the  terms  of  it  and  publifhed }  and  that  the  ftates  fhould  be 
requeued  tp  take  it  into  donfidcration  as  foon  as  tht  evacuation  by 
the  enemy  fhould  be  completed.  It  Is  alfo  much  to  be  wifhed^  that 
the  tegiflatures  may  not  involve  all  the  tories  in  banifhment  and  mini 
but  that  fuch  difcriminatidns '  may  be  made  as  to  entttlie  the  decilioht 
^0  the  approbation  of  diflnterefted  men,  and  diipofliQaate  poflerity, 


,     C     io6     ] 

No.  13.  • 

Virginia,  to  wU, 
GENERAL  aflembly,  begun  and  held  at  the  public  buildings 
in  the  city  of  Richmond,  on  Monday,  the  eighteenth  day  of  Octo- 
ber, in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  eighty- 
four. 

yfn  Ad  refpeBlng  future  Confifcat'tons. 
Whereas  it  is  ftipulated  by  the  fixth  article  of  the  treaty  of  peace 
between  the  United  States  and  the  king  of  Great  Britain,  that  there 
fltall  be  no  future  confifcations  made ; 

Be  it  enafhed.  That  no  future  confifcations  fliall  be  made,  any  law 
to  the  contrary  notwithilanding — Provided,  that  this  aA  fliall  not 
extend  to  any  fuit  depending  in  any  court  which  commenced  prior  to 
the  ratification  of  the  treaty  of  peace. 

( Signed )      ARCHIBALD  CARY,  Speaker  of  the  Senate. 

•    JOHN  TYLER,  Speaker  H.  Dels. 
Certified  as  a  true  copy  from  the  enrolment. 

JOHN   BECKLEY,  Clk.H.Del8. 


(Copy.)  .  No.   14. 

By  bu  Excellency  Betyamin  Harrifon,  Efqwre^  Governor  of  the  Com- 
moniueabb  of  Virginia,  A  Proclamation. 
WHEREAS  I  have  received  information,  that  there  are,  in 
different  paits  of  this  commonwealth,  combinations  formed  by  a  num- 
ber of  perfons,  who,  impelled  by  a  turbulent  fpirit,  have  manifefted 
a  difpofition  to  treat  with  outrage  fome  of  thofe  who  have  returned 
to  this  date  under  the  fan^ion  of  the  definitive  treaty  of  peace,  and 
the  adls  of  affembly  pafled  in  Oiflober  laft.  And  whereas  fuch  a  dif- 
pofition, unlefs  early  fupprefied  by  the  interpofition  of  government, 
niight  grow  into  a  dangerous  evil,  d'iturb  the  quiet  of  the  common- 
weRlth,  and  involve  a  violation  of  the  public  faith  and  honor,  fo  folemn- 
ly  pledged  fur  preferving  facred  the  articles  of  the  treaty,  as  figned  and 
ratified:  To  prevent,  therefore,  effeftually,  the  dangerous  confe^i 
quences  to  be  apprehended  from  the  licentioufnefs  of  fuch  perfons,  I 
have  tbought  fit,  by  and  with  the  advice  of  the  council  of  ftate,  to 
iffue  this  my  proclamation,  Itrictly  enjoining  all  m^^giftrates  and  other 
,  civil  officers  ta  life  their  utmod  vigilance  in  the  prefervation  of^  the 
peace.  And  particularly  to  extend  the  earlieft  protedlion  to  all  thofe 
wbd  come  within  the  defcription  of  the  faid  a£is  of  aflembjy,  and 
have  reafon  to  apprehend  danger  from.fuch  riotous  perfons:  And  to 
fecure  to  them  the  enjoyn»ent  of  thofe  rights  which  they  derive  both 
from  the  treaty  and  adls  of  affembly  aforefaid :  And  that  no  pei'fon, 
or  defcription  of  perfons,  may  prefume  hereafter,  on  the  hope  of 
cfcaping  with  impunity,  td  do  any  H&.  which  fhall  contravene  the  one, 
or  oppofe  the  other,  *I  do  farther  declare,  that  government  being 
refolved  inviolably  to  fupport  the  public  honor,  and  to  enforce  a 
pointed  execution  of  the  law,  will  not  fail  to  take  the  moft  effedVual 
meafures  for  bringing  to  condign  punifhment  all  thofe  who,  fenfelefs  to 
the  obligation  of  a  folemn  treaty,  and  unmindful  of  the  dignity  and 


C     >07     3    , 

honor  of  their  country,  pledged  for  its  fupport,  fhall  be  hardy  enough 
to  oflPend  herein. 

Given  under  my  hand  and  the  feal  of  the  commonwealth,  in  the 
,        council  chamber  at  Richmond,  this  26  day  of  July,  in  the  year 

-   of  our  Lord,  1784,  and  of  the  commonwealth  the  ninth. 
j^  BENJAMIN    HARRISON. 

t^        V^  A.  BL  AI R,  C.  C. 

^w^  A  copy  from  the  original  proclamation  in  the  office 


Atteft, 


of  the  executive. 
SAM.  COLEMAN,  A.  C.C. 


No.  15. 
E  xtra8  of  a  Letter  from   George  Read^  jun.  Attorney  of  the  United 

Siatesy  for  the  Diflria  of  Delaivare,  to  the  Secntary  of  State,  dated 

Neztf  Cajlle,  on  Delaware,  November  4/A,   1790. 

FROM  the  refult  of  all  my  enquiries  on  the  fubjeft  of  your  let- 
ter,  I  am  Induced  to  believe  that  no  proceedings  of  any  kind  have 
taken  place  within  this  ftate,  iince  the  treaty  of  peace,  tending  in 
any  manner  to  aflVdl  the  perfons  or  property  of  Britlfh  fubje^ls  or 
American  refugees,  in  contravention  to  that  treaty.  Whatever  pro- 
perty any  Britlfh  fubje^l  might  have  had  within  this  ftate,  at  or  after 
the  declaration  of  independence,  the  fame  hath  been  in  no  wife  altered 
or  diminifhed  by  any  a£l  of  the  itate  legiflature,  the  confifcations  of 
property  fpecially  declared  by  law  extended  only  to  citizens  and  fub- 
je£^s  of  the  ftate,  and  fuch  outftanding  debts  which  Britiih  fubje^s 
might  hive  had  within  the  ftate,  I  have  generally  underftood,  have 
been  fettled  by  fuch  their  debtors  as  had  ability  to  pay,  in  a  way 
fatisfa£tory  to  the  creditors,  or  their  agents,  and  almoft  the  only  fuits 
which  have  been  1  rought  were  agalnft  perfons  whofe  circumftances 
were  declining,  or  agalnft  the  reprefentatlves  of  deceafed  perfons,  but 
in  no  inftance,  that  hath  come  to  my  knowledge,  hath  the  leaft  cla- 
mour or  complaint  been  made,  or  raifed,  agalnft  any  man  of  the  law 
for  commencing  fuch  fuits,  or  any  diftlndlion  urged,  during  their  pen- 
dency in  the  courts.  As  to  the  American  refugees,  I  do  not  know 
that  the  pn)perty  of  any  other  of  them  than  fpecially  named  In  the 
aft  »f  affembly  of  this  ftate,  of  the  26th  of  June,  1778,  and 
tranfmitted  with  this,  was  felzed  upon  and  taken  as  forfeited,  and 
feveral  of  thofe  perfons  have  returned  fince  the  pescc,  and  refidtd, 
without  difturbance,  in  th-:  neighbourhood  of  their  former  dwellings, 
though  no  inftances  of  any  reftitutlon  of  their  property,  within  ny 
knowledge.  As  to  the  ftate,  it  derived  no  benefit  from  the  fales  of 
their  eftates,  they  being  made  for  continental  paper ;  and  the  court 
of  claims  which  was  eftablifhed  fome  time  after,  in  favor  of  tlie  ere- 
ditors  of  fuch  whofe  property  had  been  declared  to  be  forfeited  undo:* 
the  aft  aforefaid,  having  allowed  the  debts  of  thofe  creditors  in  fpe- 
cle  to  an  amount  exceeding  the  fpecle  value  of  the  paper  received  for 
that  property. 

From  every  information  I  have  heretofore  had  of   alloged  infrac- 
tions of  the  treaty,  1  never  undtiUood  the  government  In  this  ftute, 


.    I     108    5 

4>^any  executive  department  thereof,  or  thp  conduA  of  its  dtizerisi 
with  regard  to  Britifh  fubjefts  or  American  refugees,  were  at  any 
time  included,  and  fuch   I  am  told  was  the  decided  opinion  of  the 
kgiflature  of  this  ftate.    At  the  time  of  their  paifing  the  ad  of  the 
2d  of  February,   1788,  herewith  alfo  tranfmitted,  "  for  repeah'ng  all 
^fts  or  parts  of  afts  repugnant  to  the  treaty  of  peace  between  the 
United  States  and  his  Britannic  majefty,  or  any  article  thereof.'*  As 
that  Z&.  was  framed  by  the  late  congrefs,  in  the  terms  in  which  it  is 
cxpreffed,  and  paiTed  by  our  legiflature,  upon  the  fpecial  reiijuifition  of 
that  body,  which  was  made  circular  to  all  the  flates  then  in  the  union4 
I  have  the  honor  to  be,  with  great  refpe£t. 
Sir,  your  moft  obedient,  and 
Very  humble  fervant, 
GEO.  READ,  juBi 
TAf  honorable 
Thomas  Jefferfon,  £/qi 

No.  16. 
In  C  O  U  N  C  I  L. 

^Philadelphia,  Thurfday,  December  16th,  I79I51 
UPON  the  report,  of  the  committee  to  whom  was  referred  the 
letter  from  the  comptroller  general  of  the  1 5th  September  laft,  in- 
forming council,  that  the  following  lots,  '*  in  the  city  of  Philadel- 
**  phia,  forfeited  to  the  i:ommonwealth  by  the  attainder  of  Harry 
"  Gordon  for  high  treafon,  viz;  a  corrtcr  lot  on  the  fouth  fide  of 
**  Walnut-ftreet  and  eaft  fide  of  Fourth-ftreiet  from  Delaware  riverj 
**  being  in  front  on  Walnut-ftreet,  16  i-3  feet,  and  in  depth  on 
**  Fourth-ftreet,  37  feet  with  the  privilege  of  a  three  feet  alley  at  the 
"  fouth  end  of  the  lot,  fubjedl  to  a  ground  rent  of  1 3  dollars  and  3-8 
*'  of  a  dollar  annually,  and  confiderable  arrears.  And  one  other  lot 
adjoining  the  above  lot,  bounded  on  the  north  by  Walnut-ftreet* 
on  the  eaft  by  ground  late  of  Robert  Morris,  Efqiiire,  on  the  weft 
by  Charles  Moore's  ground,  and  part  by  the  above  defcribed  lot 
"*  and  alley,  being  16  1-2  feet  in  front,  and  47  feet  10  inches  and 
**  an  half  deep,  more  or  lefs,  fubjedl  to  an  annual  rent  charge  of  5K 
•*  OS.  3d.  with  arrearages  thereof,"  remains  unlbld,  and  fubmitting 
it  to  council,  whether  it  would  not  be  proper,  at  this  time,  to  dired 
the  fale  of  the  faid  lots. 

Refolved,  That  the  lots  before  defcribed  be  expofcd  to  public  fale, 
according  to  law* 


No.  17.    - 
(Copy.)  In  Affembly,  January  31ft,  1784. 

A  MESSAGE  from  his  excellency  the  governor  to  the  legiflature 
(tranfmitted  to  this  houfe  by  the  honorable  the  fenate)  was  read^ 
«M)d  is  in  the  words  following,  to  wit : 
Gentlemen, 
It  is  with  plcafure  I  embrace  the  earKeft  opportunity  of  laying  ht- 
ineyou,  a  proclamation  of  the  United  States,  in  congrefs  ^emblcd, 


t     i09     J 

tinder  their  (eal,  dated  the  fourteenth  day  of  January  inftant,  An- 
nouncing the  ratification  of  the  definitive  articles  of  peace  and  friend- 
(hip  between  thefe  flates  and  his  Brittannic  majefty,  and  enjoining  a 
due  obfervance  thereof. 

I  alfo  fubmit  to  your  confideration,  the  recommendation  of  the 
United  States,  in  congrefs  aiTembled,  in  conformity  to  the  faid  arti- 
cles, contained  in  their  refolution  of  the  faid  fourteenth  day  of  Janu- 
ary inllant. 

GEO.   CLINTON. 
New  York,  January  30th,   1784. 

Th%  papers  which  accompanied  the  faid  mefTage  of  his  excellency 
the  governor,  were  alfo  read. 

Ordered,  That  the  faid  mefTage  of  his  excellency  the  governor,  and 
the  papers  which  accompanied  the  fame,  be  committed  to  a  committe 
of  the  whole  houfe. 

tn  AfTembly,  March  31ft,   1784.' 

A  copy  of  certain  refolutlons  of  the  honorable  the  fenate,  deliver- 
ed by  Mr.  Schuyler,  were  read,  and  are  in  the  words  following,  viz. 

"  RESOLVED  (if  the  honorable  the  houfe  of  affembly  concur 
herein)  That  it  appears  to  this  Icgiflature,  that  in  the  progrefs  of  the 
late  war,  the  adherents  of  the  king  of  Great  Britain,  inflead  of  be- 
ing reftrained  to  fair  and  mitigated  hoflilities.  which  are  only  permit- 
ted by'  the  laws  of  nations,  have  cruelly  maflacred,  without  regard 
to  age  or  fex,  many  of  our  citizens,  and  wantonly  defeated  and 
laid  wafle  a  very  great  part  of  this  Hate,  by  burning  not  only  fingle 
houfes  and  other  buiMings,  in  many  parts  of  this  flate,  but  even 
whole  towns  and  vil'a  ?nd  deflroying  other  property  throughout 
a  great  extent  of  c  .  and  in  enterprizes  which  had  nothing 

butt  Vengeance  for  the  1      Ljcd. 

**  And  that,  in  confequence  of  fuch  unwarrantable  operations, 
great  numbers  of  the  citizens  of  this  flate  have,  from  affluent  cir- 
cuihftances,  been  reduced  to  poverty  and  dUtrefs. 

**  Refolved,  That  it  appears  to  this  Icgiflature,  that  divers  of  the 
inhabitants  of  this  flate,  have  continued  to  adhere  to  the  king  of 
Great  Britain,  after  thefe  flates  were  declared  free  and  independent, 
and  perfevered  in  aiding  the  faid  king,  his  fleets  and  armies,  to  fub- 
jugate  thefe  United  States  to  bondage. 

"  Refolved,  That  as  on  the  one  hand,  the  rules  of  juftice  do  not 
Require,  fo  on  the  other,  the  public  tranquillity  will  not  permit,  ihat 
fuch  adherents  who  have  been  attainted,  Oiould  be  reftored  to  the 
rights  of  citlzenlhip. 

*'  And  that  there  can  be  no  reafon  for  reftoring  property  which  has 
heen  conlifcated  or  forfeited,  the  more  efpecially  as  no  con^ptrnfation 
is  offered  on  the  part  of  the  faid  king  and  his  adherents  for  tlie  da- 
mages fuftained  by  this  ftate  and  its  citizens,  frum  the  defolation 
aforefaid. 

**  Refolved,  therefore.  That  while  this  legin^tiire  entertain  the  hlpfh- 
eft  fcnfe  of  national  honor,  of  the  fandlion  of  treaties,  and  of  tht  cle- 
iercnce  which  is  due  to  the  advice  of  tlie  United  States,  in  congrtfs 


■># 


C    iio    ] 

aflembled,  they  find  it  inconfiftent  with  their  duty  to  comply  -mth 
the  .recommendation  of  the  faid  United  States,  on  the  fubjed  matter 
of  the  fifth  article  of  the  definitive  treaty  of  peace." 

Refolved,  That  this  houfe  do  concur  with  the  honorable  the  fenate 
in  the  faid  refolutions. 

Ordered,  That  Mr.  Gordon  and  Mr.  Lott,  deliver  a  copy  of  the 
laft  preceding  refolution  of  concurrence  to  the  honorable  the  fenate. 

State  of  New  Tori,  Jf, 

I  certify  that  the  foregoing  are  true  extrads  from  the  journals  of 
the  afTembly,  this  loth  day  of  July,  1786.  ^ 

ISAAC  VAN  VLECK, 

for 
JOHN  M«KESSON,  Clerk. 

(Copy.) 

'        No  18. 
Copy  of  a  Letter  from  his  Excellency  Samuel  Huntington^   Governor  of 
ConneSicuty  to  the  Honorable  John  Jay^  Secretary  for  Foreign  Affairs, 

CouNCii.  Chamber,  Hartford,  June  12th,  1786. 
Sir, 

YOUR  letter  of  the  3d  ultimo,  addrefifed  to  the  governor  of  Con- 
neflicut,  requefting  information  whether  and  how  far  this  flate  has 
complied  with  the  recommendation  of  congrefs,  purfuant  to  the  trea* 
ty  of  peace  with  Great  Britain,  hath  been  received. 

In  compliance  with  your  requeft,  I  have  the  {atisfa£lion  to  inform, 
that  the  ftatutes  of  this  ftate  have  all  been  revifed  fmce  the  peace, 
and  all  penal  laws  which  fubjcded  any  perfon  to  profecution  by  rea- 
fon  of  any  part  he  hsfti  taken  during  the  war,  were  repealed,  the 
whole  code  as  revifed,  are  tranfmitted  to  congrefs  ;  by  examining 
thofe  adts,  you  may  obtain  the  beft  poflible  information  on  this  arti- 
cle ;  there  is  nothing  in  them,  we  apprehend,  inconfiftent  with  the 
fpirit  and  intent  of  the  treaty. 

This  itate  has  never  coufifcated  any  eftate  belonging  to  real  Britifli 
fubji  £ls,  or  had  any  law  exifting  that  would  warrant  fuch  confifcation. 

Where  confifcations  had  taken  place  againft  citizens  of  the  United 
States,  who  refided  in  diftrifts  in  the  poflcffion  of  the  Britifh  during 
the  war,  but  had  not  borne  arms,  fome  of  them  on  application  have 
obtained  a  reftitution  of  their  eftates  :  and  wc  have  no  law  now  exift- 
ing to  prohibit  any  perfon  from  making  the  like  application,  or  re- 
fiding  among  us  for  that  purpofe. 

The  fixth  article  of  the  treaty  was  immediately  obferved  on  receiv- 
ing the  fame  with  the  proclamation  of  congrefs ;  the  courts  of  juftice 
adopted  it  as  a  principle  of  law  :  No  further  profecutions  were  infti- 
tuted  againft  any  perfon  who  came  within  that  article,  and  all  fuch 
profecutions  as  were  then  pending,  were  difcontinued,  fo  far  as  my 
knowledge  or  information  extends  ;  and  I  am  fatisfied  it  was  univer- 
fally  the  cafe  with  refpe6l  to  all  perfoas  who  could  claim  the  benefit 


W- 


C    111    3 

of  this  article,  I  may  add,  in  general  terms,  that  the  legiflature  of  thW 
ftate,  and  executive  courts,  have  religioufly  adhered  to  the  treaty* 
and  in  no  inftance,  as  we  conceive,  contravened  any  article  therein 
contained. 

I  have  the  honor  to  be, 

With  fentiments  of  high  efteem,- 

Your  mod  obedient  humble  fervant, 

SAM.  HUNTINGTON. 
ffonorahle  John  Jay,  E/q. 

No.  19. 
Extras  of  a  Letter  from  William  Channingt  Efquire,  Attorney  of  the 

Unite  J  States  for  Rhode  IJland  Di/lriatto  the  Honorable  Thomas  Jef- 
ferfon.  Secretary  of  State. 

*  '  fEWPORT,  November  24th,  A.  D.  1790. 

Sir, 

THE  letter  you  were  pleafed  to  honor  me  virith,  of  the  12th  of 
Auguil,  I  received  foon  after  the  date ;  and  have  fince  attended  to 
the  obje£b  it  refpe£ted.  The  fituation  of  the  records  of  our  ftate 
made  your  commiffion  a  buAnefs  of  fome  difficulty,  and  a  part  of  it 
ftiH  remains  unexecuted.  That  part,  however,  is  in  a  profperous  train. 

Herewith  are  tranfmitted  authenticated  copies  of  all  the  a£ts  of 
our  legiflature  that  aflFeA  cither  the  debts  or  the  perfons  of  Bntifli^ 
fubje£ts,  or  American  refugees.  As  to  the  proceedings  of  the  judici- 
ary of  this  ftate  upon  thefe  afts,  I  have  to  obferve,  that  the  one  for 
cohfifcating  of  the  eftates  of  the  perfons  therein  defcribed,  was  early 
carried  into  efF«*A,  with  rega^  to  thofe  who  were  contemplated  by 
it,  the  American  refugees;  and  their  eftates  were  confifcated  and 
fold,  and  the  proceeds,  after  the  jpayment  of  the  debts  of  the  origin- 
al proprietors,  were  paid  into  the  treafury  of  the  ftate. 

This  a£l  was  confidered  by  our  courts  as  annulled  by  the  treaty  of 
peace,  and  Cubfcquent  to  the  ratification  thereof,  no  proceedings  have 
been  had  thereon  :  Government,  during  the  war,  were  pofieflcd  of 
the  real  eftates  belonging  to  Britifh  fubjeds,  but  on  the  application 
of  the  proprietors  they  have  been  fiuce  reftored,  and  the  rents  and- 
profits  accounted  for. 

The  aft  of  banl(hment  has  not  been  formally  repealed  by  the  legif- 
lature, but  I  have  not  known  any  inftance  in  which  it  has  been  en- 
forced,  although  many  perfons  either  named  or  defcribed  in  the  a£t» 
have  fince  the  war  refided,  and  fome  of  them  ftill  refide  among  us. 

The  courts  of  this  ftate  have  been  ever  open  alike  to  the  Britifli 
fubjeft  and  the  American  citizen  ;  and  equally  enabled  either  to  re- 
cover his  juft  debt,  agreeable  to  contraft,  until  the  fubftituting  and 
paper  money  afts  were  made.  The  firil  of  thefe  ads  was  repealed 
foon  after  the  pafiing  of  it,  but  the  other  continued  to  operate  until 
September,  1789.  But  previous  to  this,  in  September,  1787,  from  an 
idea  that  the  making  the  paper  money  a  tender,  might  be  confidered 
as  an  infrafti'on  of  the  treaty  with  Great  Britain,  the  legiflature  pafl'^ 


C    "^    3 

cd  the  rcfolution  deelaring  the  obligation  of  the  treaty  faered  and  ii^. 
violable. 

I  have  the  honor  to  be,  with  great  rcfpcft, 
Sir, 

Your  moft  obedient, 

and  moft  humble  fervant, 

WILLM.  CHANNING. 
Honorable  Thomas  JefFerfon,  Efq, 

No.  20. 

C<^y  of  a  Letter  from  his  Excellency  John  CoU'inn^  Governor  of  Rhode 

JJlan4i  *o  the  Honorable  John  Jay^  Secretary  for  Foreign  /IJairs, 
-  Newport,  September  4th,  1786. 

Sir, 

YOUR  firft  letter  requefting  information  of  the  meafures  of  thi» 
ftate,  refpefting  the  treaty  of  peace  between  the  United  States  and 
Great  Britain  hath  been  by  the  legiflature  referred,  and  the  leppit  is 
not  made. 

However,  be  pleafed  to  be  informed,  that  upon  the  treaty,  ^nd  the 
confeqi^ent  ratification  of  congrefs,  being  prefented  to  thp  general. 
aflembly,  they  immediately  requefted  the  governor  to  make  known 
the  contents  thereof  to  all  the  citizens,  by  proclamation,  under  the 
authority  of  the  ftate,  requiring  a  ftri6^ ,  coippliance  therewith;  this 
was  done. ^  .  ;/.^    ./...,;:., 

All  profecutions  againil  abfentees  and  others  for  the  part  they  had 
taken  in  thetwar,  that  had  not  been  finifbed,  were  immediately  nulli-  , 
iied,  and  no  farther  cppiifcations  have  taken ,  place.  AU  perfons  re- 
fiding  under  ; the,  prpt^dlion  of  the  treaty,  and  that  have  implied  tQ 
the  legislature  for  the  reftitution  of  property,  or  the  rights  of  citizen- 
ship, denization,  or  even  the  capacity  of  profecuting  adlions  or  fuits 
at  law,  have  been  heard,  and  in  moft  inftances  their  requefts  have 
been  granted.  The  laws  from  that  moment  have  been  and  ftill  are 
open  to  Britifh  fubjeds,  to  recover  their  debts  in  the  fame  naanner  as 
to  citizens  of  the  ftate.  In  ftiort,  the  treaty,  in  all  its  abfolyte  partSi 
has  been  fully  complied  with,  and  to  thofe  parts  that  are  merely  re- 
commendatory, and  depend  upon  the  legiflative  difcretion,  the  moft 
candid  attention  hath  been  paid.  .    , 

I  have  the  honor  of  being,  . 

Sir,  ■.       ■  '         ..-(o* 

Your  moft  obedient,  humble  fervant, 

JOHN  COLLINS. 

Jfis  Excellency  John  jzy,  Efq. 

No.  21. 
Extras  of  a  Letter  from  Sir  Guy  Carktony  to  his  Excellency' Generat 
Wajhingtotty  dated  New  Torkf  j^pril  6,  1783. 

Sir, 
iV  PACKET  from  England,  arrived  in  this  port  laft  night,  by 
which  I  have  difpatches  from  Mr.  Townftiend,   one  of  hij  majefty's 


T- 


|tVincipal  (ecretanes  of  ftnte,  communicating  official  inteUigenCe,  toil 
the  preliminary  articles  of  peaoe  with  France  and  Spain,  were  fignccl 
at  Paris,  on  the  aotli  of  January  lait ;  and  that  the  ratifications  hav« 
been  fince  exchanged  at  the  fame  place. 

And  I  am  furtncr  to  inform  your  excellency,  that  an  inftrutnettt  of 
accelfion  to  the  fufptnfton  of  hoililities  by  the  llates  general  of  the 
United  Provinces,  having  been  received  'n  England,  a  ceflation  of 
arms  with  thofe  ilatcs,  has  been  thereupon  included  in  the  pracUmat^ 
tion* 


Sifc, 


No.  22. 

CHAMBLt,   Auguft  jd,    I'/Bj. 


The  United  States  of  Anierida  in  congrefs  having  charged  theit 
commander  in  chief  with  making  the  neceflary  arrangements  with 
the  commanders  in  chief  of  the  Britifh  armies,  for  receiving  the  poftl 
now  occupied  by  the  troops  of  his  Britaunic  majelly,  and  which  arf 
within  the  United  States  ;  for  this  object,  as  well  as  foi*  others  rela» 
live  to  the  preliminary  articles  of  peace,  I  am  ordered  by  his  excels 
lency  General  WaHiingtoni  to  concert  fuch  meafures  with  your  ex^ 
cellency,  as  (hall  be  mutually  agreeable. 

Major  North,  my  aid-de-camp,  will  inform  your  excelleocy»  that 
I  am  on  my  route  to  Quebec,  where  I  expert  in  three  or  four  daySf  to 
afliire  you  that  I  am, 

Your  excellency's  moft  obedient  hupnble  fervant, 

STEUBEN. 

HU  Excettency  General  Haldimand. 


Sir, 


No.  23. 

St«  Johns,  ijthAuguftt  17831^ 


IN  anfwer  to  the  letter  which  I  had  the  honor  to  receive  from  you 
yefterday,  dcfiring  a  iinal  anfwer,  in  writing,  to  the  requifitipns 
which  you  have  made  in  the  name  of  the  United  Slakeo;  I  very  tea* 
dily  comply  with  that  dcfire,  thou;;h  the  icnfe  of  my  anfwer  cap  be 
no  more  than  a  repetiticr:  6f  that  which  I  have  made  to  his  excellency 
General  Wafhington,  delivered  to  yoil  under  a  flying  feal.  I  have^ 
therefore,  the  honor  to  acquaint  you,  that  however  definitive  the 
United  States  may  conflder  the  provifional  treaty  to  be,  the  fenfe  I 
have  of  my  duty,  and  the  cuiloms  of  war,  will  not  permit  lae  to  con-^ 
fider  a  ceflation  of  hoililities  in  that  light.  The  orders  I  have  received* 
dWcA  a  difcontinuance  of  every  hoftilc  aft  on  my  ptirt,  and  an  atten- 
tion to  defenfive  meafures  only,  I  have  moft  punftually  obeyed  them^ 
and  fliall  continue  to  do  fo,  until  I  (hall  receive  his  majelly's  further 
commands.  I  have  not  a  doubt  of  the  wlflies  expreffed  in  your  letteir> 
of  the  United  States  to  eAablifh  a  perfect  harmony  with  Great  Bri- 
tain, by  making  good  every  engagement  on  their  part.  You  will  at 
the  fame  lime  allow  me  to  exprcfs  an  equal  confidence,  that  every 
promiie  on  the  part  of  Great  britain,  will,  in  due  timei  be  fulfilled* 


r  "4  3 

tat  ftf  IS  not  for  me  to  anticipate  on  this  occafion.  When  tfie  nti&ob' 
fton  of  peace  (hall  he  annoiincrd  to  me,  I  beg  you  will  be  aflured 
that  it  will  aiford  me  the  higheil  pleafure  to  execute  every  inftru«f^ion 
I  fhall  receive  relative  to  it»  with  the  ntmoft  punduality  and  difpatch; 
until  that  event  (hall  arrive,  it  is  totally  out  of  my  power  to  permit 
you  to  proceed  to  the  pods  in  the  upper  country,  or  in  fa^  to  treat 
with  you  on  the  fubje^  of  your  miffion*  Wifhing  you  a  iafe  and 
agreeable  paflage^ 

1  have  the  honor  to  be,  &c. 

FRED.  HALDIMAND- 
JUajor-getural  Baron  Steuben. 


IffiKf) 


No.  24. 

Sarato<sa,  23d  Augu(C,  1783' 


I  HAVE  the  honor  (o  inform  your  excellency,  that  I  arrived 
ftere  laft  night,  and  had  my  health  permitted,  (hould  have  continued 
my  journey,  until  I  could  have  had  the  honor  to  inform  your  excel- 
lency in  perfon,  of  ehe  fuccefs  of  my  miflion.^  Lieutenant-coli)nel 
Villefraache  wiN  prefent  thii  ;■  to  him  I  beg  leave  to  refer  for  fuch 
obfervations  rektive  to  the  fituatioa  of  ceitam  places*  as  I  have  been 
able  to  make  during  my  tour. 

I  efteem  myfelf  very  unfortunate  that  I  could  not  fiicceed  in  the 
bulinefs  with  which  I  was  charged,  and  am  only  confoled  by  the  idea 
that  your  excellency  will  believe  that  every  thing  which  was  in  my 
power  to  doy  was  done,  to  aufwer  the  wiihes  of  your  excellency  and 
•f  congrtGt, 

I  arrived  at  Chambly  the  2d  of  Angufi,  from  whence  I  fent  Ma- 
jor  North  to  announce  my  arrival  to  General  Haldimand;  inclofed  is  a 
<opy  of  my  lett-er  and  his  anfwer,  which  did  not  meet  me  till  I  had 
reached  Dechambault. 

According  to  General  HaTdimand's  appointment  we  met  at  Sore! 
on  the  8th,  where  I  prefcnted  your  exccUency's.  letter,  and  opened 
the  buHnefs  on  WHicb  I  was  fent. 

To  the  (irft  propodtron  vrhkh.  1  had  in  charge  to  make,  General 
Haldimand  replied,  that  he  had  not  received  ftuy  orders  for  making 
the  leaft  arrangement  for  the  evacuation  of  a  fingle  poll ;  that  he  had 
only  received  orders  to  ceafe  hoftilitlcs;  thofe  he  had  ilridly  complied 
tn.h,  not  only  by  reftraining  the  Britllli  troops,  but  alfo  the  favagea- 
from  committing  the  leaft  bollile  a(El ;  but  that  until  he  (hould  receive 
politive  orders  for  that  pucpofe,  be  would  not  evacuate  an  inch  of 
l^ound. 

No.  25. 

C^  of  a  Later  from  his  Excellency  Governor  Cluiiotit  to  his  ExeeUency 

GenertdhaUimandt  dated  New  Tori,  March  19,   1784. 

Sia, 

I  NOW  do  myfelf  the  honor  to  tranfmit  to  your  excellency  the 

C0py  of  a  proclamation  of  the  United  States  of  America  in  congre(s 


r  "5  1 

siTembled,  announcing  the  ratification  of  the  definitive  treaty  of  petce, 
between  thefe  dates,  and  his  Britannic  majefty,  and  enjoining  a  due 
obfervance  thereof. 

Having  no  doubt  that  your  excellency  will  as  foon  as  the  ieafom 
admits,  withdraw  the  Brittih  garrifons  under  your  command,  from 
the  places  they  now  hold  within  the  United  States,  agreeably  to  the 
7th  article  of  the  treaty,  it  becomes  a  part  of  my  duty  to  make  the 
«cceflary  proviiion  for  receiving  the  poft  of  Niagara  and  the  other 
pofts  within  the  limits  of  this  Hate,  and  it  is  for  that  putpoie,  I  have 
now  to  requcA  that  your  excellency  would  give  me  every  poffible  in- 
formation uf  the  time  when  tliofe  pofts  are  to  be  delivered  up. 

Lieutenant-colonel  Fifli  %vho  will  have  the  honor  to  deliver  this  dif- 
patch,  is  entnifted  to  confer  with  your  excellency,  and  to  endeavour 
to  make  fuch  arrangements  for  the  tranfa^ion  of  this  bufinefs  as  (hall 
tend  to  promote  mutual  convenience,  and  that  harmony  which  it  is 
the  intereft  of  both  parties,  and  doubtlefs  their  defire,  to  eftablifli. 

I  have  the  honor  to  be,  &c. 

GEO.   CLINTON. 
Hit  Exeellencj  General  Haldimand. 

No.  26. 
His  Excetteney  Gsnerai  Hal£nuuid*s  Anfwer  to  the  foregoing  Letter^ 
dated  ^uebecf  loth  May,  1794. 
Sir, 

SOME  accident,  which  has  befallen  the  packet  or  meflenger,  has 
hitherto  prevented  me  from  receiving  from  England,  any  notification 
of  the  definitive  treaty :  but  as  in  confequence  of  orders  which  I 
received  laft  fummer,  fubfequent  to  the  ratification  of  the  preliminary 
articles,  all  hoftilities  ceafed,  no  great  inconvcniencies  have  hitherto 
arifen  from  that  misfortune.  I  only  regret,  that  not  having  had  the 
honor  to  receive  orders  and  inftru^ions,  relative  to  withdravvincr  the 
garrifons  from  the  upper  countries,  which  are  without  the  Timita 
aifigned  to  the  province  under  my  command,  by  the  definitive  treaty, 
I  cannot,  at  prefent,  enter  into  any  arrangements  with  Lieutenant- 
colonel  Fi(h,  or  give  your  excellency  the  information  which  you 
defire. 

My  duty  and  my  inclination  is,  to  pay  cheerful  and  pun£lual  obedi- 
ence to  the  orders  and  inftrudions  which  I  (hall  have  the  honor  to 
receive ;  and  your  excellency  may  be  aflured,  that  upon  every  occa- 
fion,  I  wlU  exert  my  utmoft  endeavours  to  promote  harmony  snd 
mutual  convenience  between  the  fubjeds  of  both  nations,  as  well  as 
in  my  tranfadlions  with  your  excellency,  or  the  United  States  of 
America. 

I  have  the  honor  to  be,   &c.  ' 

FRED.   HALDIMAND, 
His  Excellency  Governor  Clinton. 


C     «i<5    j 


n 


x^o.  ay. 

(tefy  •f  a  Letter  from  LteuUnar.t-cohnel  Huilj  to  his  EseelUnry  General 
HM'matiJt  dated  ^lebeCf   izth  of  July,  1784, 
Sir, 

I  AM  fnftruftcd  to  rcqucft  of  your  excellency,  in  behalf  of  the 
United  Stated  of  America,  the  precile  time  when  each  of  the  polla 
within  their  territories,  now  occupied  by  his  Britannic  majefty'g  forces^ 
will  be  delivered  up  agreeably  to  the  definitive  treaty  of  peace,  and  to 
propofe,  as  a  matter  of  mutual  convenience,  an  exchange  of  certain 
cannon  and  itores  now  at  the  pods  ^o  be  av^cnated,  for  cannon  and 
ftorcs  to  be  delivered  at  Weft  Point,  New  York,  or  fome  other  con- 
venient place.  With  regsird  to  the  firft  point,  as  the  feafon  of  the 
year  is  already  far  advanced,  and  as  tpuch  time  will  be  required,  \n 
fumifhing  the  nectfljiry  fupph'es  for  the  garrifons  during  the  winter,  it 
IS  an  objcft  of  vejy  great  importance,  and  I  mull  beg  leave  to  be  foli- 
citous  with  your  excellency  to  fix  a  very  early  period. 

As  the  pofts  of  the  above  defcription  are  numen.us,  and  it  being 
probable  that  it  may  not  be  convenient  to  withdraw  the  troops  from 
the  whole  exa£kly  at  the  fame  time,  I  with  your  excellency  to  fix  the 
|}rccife  period  when  each  will  be  delivered  up. 

If  your  excellency  approves  the  propcfal  of  exchanging  the  cannon 
«nd  llorcs,  it  will  be  peceffary  to  fix  on  fopae  criterion  of  their  good- 
nefs:  I  would,  therefore,  propofe,  that  the  particular  negociation  bc 
referred  to  two  artillery  officers,  one  from  each  fide,  who  (hall  perfon* 
<illy  infpedi  the  cannon  and  llores,  and  in  cafe  of  not  agreeing,  call 
«a  a  third  perfon, 

I  have  the  honor  to  be,  &c, 

WM.  HULL, 
JFu  Excellency  General  Haldimand. 

No.  28.  A. 
fits  Eficelkncy   General  Ilaldimand's  Anftver  to  the  foregoing  Letter^ 
dated  ^lebec,   llth  j^uly,   1 784. 
Sir, 
I  HAVE  had  the  honor  of  your  letter  of  yefterday,  and  have 
communicated  to  Major-general  Knox,  by  the  enclofed  letter,  the  rea-. 
fons  which  put  if  out  of  my  power  to  enter,  for  the  prefent,  into 
the  confideraticn  of  the  matter  mentioned  in  your  letter. 

I  have  the  honor  to  be,  &c. 

fUED,   HALDIMAND, 
hievtenafit-colonel  HuUf 


No.  28.  B, 
(iopy  of  a  Letter  from  his  Excellency   General  ^  Haldimand^  to  Major- 
general  Knox  ^  dated  ^^lec,  l^th  July,  1784. 
Sir, 
I  HAVE  had  the  honor  to  receive  your  letter  dated  New  York, 
t3th  of  laft  June,  by  Lieutenant-colonel  Hull,  acquainting  me  you 
^as  4ire^e4  by  qongrefs^   th?  fovereign  authority  of  the  UpUed 


C    n7    3 

States,  to  write  to  me,  in  order  to  afcertat'n  the  precife  time  when 
each  of  the  potts  within  the  United  Stat.s,  now  occupied  by  the 
troops  of  his  Britannic  majefty,  (hall  be  delivered,  agreeably  to  the 
definitive  treaty  of  peace,  and  to  propofe,  as  a  matter  of  mutual  con- 
venience, an  exchange  of  certain  cannon  and  ftores,  now  at  thefe  pofts, 
for  others  to  be  delivered  at  Weft  Point,  upon  Hudfon's  river.  New 
York,  or  fome  other  convenient  place. 

1  have  the  honor  to  enclofe,  for  your  information,  copies  of  letters- 
which  paflcd  between  his  excellency  Governor  Clinton  and  me,  upon 
the  ftrll  part  of  your  propofition.  Though  I  am  now  informed,  by 
his  raajefty's  minifters,  of  the  ratification  of  the  definitve  treaty  of 
peace,  I  remain,  in  other  refpeAs,  in  the  fame  fituation  I  then  was, 
not  having  received  any  orders  to  evacuate  the  pofts  which  are  without 
the  limits  affign^d,  by  the  treaty  uf  peace,  to  this  province. 

It  is,  therefore,  impoflible  for  me  to  afcertain  the  time  when  the 
evacuation  of  thefe  pofts  (hall  commence.  I  can  only  aflure  your 
excellency,  that  I  (hall  lofe  no  time  in  carrying  into  execution  his 
majefty's' orders  on  that  head,  when  I  (hall  have  the  honor  to  receive 
them. 

In  the  mean  time,  I  have  to  acquaint  you,  that  however  defirous  I 
9m  to  confult  mutual  convenience,  1  am  not  at  prefent  empowered 
(and  have  reafon  to  think  I  will  not  in  future  be  empowered)  to  make 
the  exchange  of  cannon  and  ftores  propofcd  by  you,  and  for  which 
LieutenanKobnel  Hull  was  authorized  to  make  the  proper  arrange- 
ments. 

I  have  the  honor  be,  &c. 

FRET.  HALDIMANDi 
jtTu  Exceflency  Major-general  Knox. 

No.  29. 
The  United  States  in  Congress  aJmlUd, 

May  i6th,  1783. 

WHEREAS  by  the  articles  agreed  upon  on  the  30th  of  No« 
rember  laft,  by  and  between  the  commifnoners  of  the  United  State* 
of  America  for  making  peace,  and  the  commiilioner  on  the  part  of 
bis  Britannic  majefty,  it  is  ftipulated  that  bis  Britannic  majefty  (hall, 
with  all  convenient  fpeed,  and  without  caufing  any  deftrudtion,  or 
carrying  away  any  negroes,  or  other  property  of  the  American  inha- 
bitants, withdraw  all  his  armies,  garrifons,  and  fleets,  from  the  faid 
United  States,  and  from  every  port,  place  and  harbour,  within  the 
fame ;  and  whereas  a  confiderable  number  of  negroes  belonging  to  the 
citizens  of  thefe  ftates,  have  been  carried  off  therefrom,  contrary  to 
the  true  intent  ^nd  meaning  of  the  faid  articles : 

Refolved,  That  copies  of  the  letters  between  the  commander  in 
chief  and  Sir  Guy  Carleton,  and  other  papers  on  this  fubjed,  be 
tranfmitted  to  the  minifters  plenipotentiary  of  thefe  ftates  for  negoci- 
ating  a  peace  in  Europe  ;  and  that  they  be  direffccd  to  remon(lrate 
thereon  to  the  court  of  Great  Britain,  and  take  proper  meafures  for 
obtaining  fuch  rqiaration  as  t)ie  nature  of  the  cafe  will  admit« 


r  ti«  J 

Ordrred,  That  a  copy  of  the  foregoing  refolve  be  tranfmitted  t« 
the  commander  in  chief}  and  that  he  be  directed  to  continue  hia 
remonftrances  to  Sir  Guy  Carleton,  refpeding  the  permitting  negroea 
belonging  to  the  citizens  of  thefe  dates  to  leave  New  York,  and  to 
infift  on  the  dlfcontinuance  of  that  meafure. 

No.  30. 

VlROIMlAt   to  witt 

In  General /ffemifyt  the  2td  of  June^   1 784. 

IT  appearing  to  the  general  aflcmbly,  from  a  letter  from  his  ex- 
cellency General  Wafhington,  dated  the  feventh  day  of  May,  1783, 
that  in  obedience  to  a  refulution  of  congrefs}  he  had  a  conference 
with  Genera]  Carlcton,  on  the  fubicft  of  dellvtnng  up  the  (laves  and 
other  property  belonging  to  the  citizens  of  the  United  States,  in  com- 
pliance with  the  articles  of  the  provifional  treaty  \  that  he  (General 
Carlcton)^  appeared  to  evade  a  compliance  with  the  faid  treaty,  by  a 
mifconftrud^ion  of  the  fame,  and  permitted  a  large  number  of  the  faid  . 
(laves  to  be  fent  oiF  to  Nova  Scotia.  It  further  appearing  to  the  gene- 
ral aflVmbly,  from  the  tellimony  of  Thomas  Walke,  Efquire,  that 
he,  together  with  feveral  other  perfons  from  the  counties  of  Norfolk 
and  Prlncefs  Anne,  in  or  about  the  month  uf  April,  1783,  went  to 
New  York,  with  a  view  of  recovering  the  flaves  which  had  been  taken 
lirom  them  by  the  Britifh  troops  during  the  war ;  that  not  being  per- 
mitted to  take  pofleflion  of  thofc  flaves  which  they  found  in  that  city, 
the  faid  Walke  made  a  perfonal  application  to  General  Carletoii,  and 
requefted  a  delivery  of  the  faid  flaves,  in  compliance  with  the  feventh 
article  of  the  treaty,  which  prohibits  the  carrying  off  negroes,  or 
•ther  property,  belonging  to  the  inhabitants  of  the  United  States ; 
this  he  peremptorily  refufcd,  alleging  that  he  was  not  authorized  to 
do  it,  without  particular  inftrudtions  from  the  Britifli  government ; 
that  at  the  time  of  this  application  the  faid  Walke  was  informed  by 
an  aid-de-camp  of  General  Carleton,  that  an  agent  was  appointed  to 
Aiperintend  the  embarkation,  and  keep  a  regifter  of  flaves  fent 'to 
Nova  Scotia,  and  that  he  afterwards  faw  the  faid  regifter,  and  alfo 
faw  a  large  number  of  negroes  embarked  to  be  fent  to  that  country. 
It  farther  appearing  to  the  general  afl'embly,  from  the  teftimony  of 
Mr.  John  Stewart,  of  the  flate  of  Maryland,  as  well  as  from  a  vari- 
ety of  other  circumftances,  that  many  applications  were  made  to  Ge- 
neral Carleton  by  citizens  of  America  for  the  reftitution  of  property, 
which  were  invariably  rejedted  : 

Refolvcd,  That  there  has  been  an  infradlion,  on  the  part  of  Great 
Britain,  of  the  feventh  article  of  the  treaty  of  peace  between  the 
United  States  of  America  and  Great  Britain,  in  detaining  the  flaves 
and  other  property  of  the  c>tizens  of  the  United  States. 

Refolved,  That  the  delegates  reprcfcnting  this  ftate  in  congrefs  be 
jnilrufted  to  lay  before  that  body  the  fubieti  matter  of  the  preceding 
i!iformation  and  refolution,  and  to  requeil  from  them  a  remonitrance 
to  the  Brltifh  court,  complaining  of  the  aforefaid  infraction  of  the 
•treaty  of  peace  and  dcfiring  a  proper  rcparatios  of  the  injuries  confe-  , 


C    i»9    ] 

qaent  thereapon ;  that  tlie  fald  delegate!  be  in(lni£)ej  to  inform  coitw 
grefs  that  the  general  aflembly  hat  no  inclination  to  interfere  with 
the  power  of  making  treaties  with  foreign  nationi,  which  the  confe- 
deration hath  wifely  veiled  in  congprcfs )  but  it  is  conceived  that  • 
jtift  regard  to  the  national  honor  and  intereft  of  the  citizens  of  thii 
commonwealth  obliges  the  aflembly  to  withhold  their  co-operation  in 
the  complete  fulfilment  of  the  faid  treaty^  until  the  fuccefs  of  the 
aforementioned  remonllrance  is  known,  or  congrefs  (hall  fignify  their 
fentiments  touching  the  premifes. 

Refolvedy  That  fo  foon  as  reparation  is  made  for  the  aforefaid  in* 
fradlion,  or  congrefs  fliall  judge  it  indifpenfably  neceflary»  fuch  aAa 
of  the  Icgiflature  pafl*ed  during  the  late  war,  as  inhibit  the  recovery  of 
Britifh  debts,  ought  to  be  repealed,  and  payment  thereof  made  in 
fuch  time  and  manner  as  fliall  confill  with  the  exhaufted  fituation  of 
this  commonwealth. 

ExtraA  from  the  journal  of  affemblyy 

JOHN   BECKLEY,  Clk.  H.  D. 

No.  51. 
Circular  Letter  fo  the  Governors  of  the  fever  at  Sti*es. 

Office  for,  foreign  affairs,  3d  May,  I'jZC* 
Sir, 
CONGRESS  has  been  pleafed  to  order,  that  I  fliould  **  icporv 
particularly  and  fpecially  how  far  the  feveral  ftates  have  coiitplied  w.x\ 
the  proclamation  of  congrefs,  of  the  14th  of  January,  1784,  and 
the  recommendation  accompanying  the  fame,  purfuant  to  the  defini^ 
live  treaty  of  peace  between  the  United  States  of  America  and  G^^at 
Britain." 

In  order  that  I  may  be  able  to  fulfil  the  expeJlations  of  con{,re(s» 
I  muft  requelt  the  favor  of  your  excellency,  to  inform  me  whether^, 
and  how  far  the  ftate  (or  commonwealth)  of 
lias  complied  with  the  recommendation  in  queftion. 

.    I  have  the  honor  to  be,  &c. 

JOHN  JAY. 

No.  32. 

State  of  New  Hampshire, 

In  the  Year  of  our  Lord,  one  Thoufand-  Seven  Hundred  and 

Eighty-fix. 
jIn  As  in   Compliance  with  the  Treaty  of  Peace^  /.".;•«  the  United 
jl^l^  Statet  and  his  Britannic  Majefly^  and  vjith  the  Recommen' 

\     S  V^     dalion   of  Congrefs  ^    of  the    iJ^h   of  January  %    1784, 
*  V%    founded  thereon, 

WHEREAS  feveral  afts  and  laws,  during  the  late  war  with 
Great  Britain,  were  pafled  by  thict  ftate,  which  are  found  to  be  incom- 
patible with  the  definitive  treaty  of  peace  rrd  fr.'endfhip.  And  whereas 
congrefs  did,  00  the   i4tb  day  cf  January,  1784,  carneftly  rccsra- 


mend  to  the  legiflatures  of  the  refpeflive  ftateSi  to  re-cofiAder  atiA 
revife  all  their  a^a  and  laws  refpcdllng  the  premifes,  fo  as  to  render 
itich  a£^s  and  hws  pcrfedly  conftftent,  not  only  with  juHice  and 
equity,  but  with  that  fpirit  of  conciliation,  which,  on  the  return  of 
the  bleflingg  of  peace,  (hould  univerfally  prevail. 

Therefore — Be  it  enadted  by  the  fenate  and  boufe  of  reprefentatives 
in  general  court  convened.  That  the  fourth  article  of  tlie  faid  detini- 
tive  treaty,  viz.  It  is  agreed  that  the  creditors,  on  either  fide,  (hall 
meet  with  no  lawful  innpediment  to  the  recovery  of  the  full  value,  in 
fterling  money,  of  all  bona  fide  debts  heretofore  contraded^  be  com^ 
plied  with,  as  far  as  it  refpe£\s  this  ilate ;  and  that  the  fubjc6ls  of  hi^ 
firitannic  majeity,  (hall  meet  with  no  lawful  impediment  to  the  reco-> 
very  of  any  fuch  debts,  but  (hall  have  a  right  to  recover  the  fame,  in 
the  manner  and  way  fokmnly  (tipulated  in  faid  article. 

And  be  it  further  enabled.  That  in  cafe  any  of  the  eftates,  rights 
and  propcities  of  any  real  Britiih  fubje£ks,  or  jany  of  the  ellates^ 
rights  and  properties  of  any  perfun  or  perfons  refident  in  any  diftridt  or 
dil'rids  which  were  in  the  poffeflion  of  his  Britannic  majefty's  arms, 
between  the  30th  day  of  November,  1782,  and  the  14th  day  of  Ja- 
nuary', 1 784,  and  who  have  DOt  borne  amw  agatnft  the  United  States^ 
ihall  have  been  confifcated,  the  a£i  or  ads  fo  comfcating,  (hall  be« 
and  hereby  are  repealed ;  and  perfons  of  any  other  defcription,  (hall 
have  frev  liberty  to  go  to  any  part  or  parts  of  this  (late  (providedr 
that  within  fourteen  days  after  their  firil  arrival*  they  lodge  their 
names  in  the  fecretary's  office)  and  to  refide  in  any  town,  place  or 
didridl  herein,  during  the  fpace  of  one  year,  to  commence  from  the 
day  of  their  firft  amval  in  this  ftate,  and  no  longer ;  and  to  remain 
tinmolefted  in  their  endeavours  to  obtain  the  reltitutton  of  fuch  of 
their  eilates,  rights  and  properties,  as  have  been  confrfcated. 

And  be  it  further  enafted  by  the  authority  aforefaid,  tlial  the  ad 
of  this  ilate,  paflT.d  the  19th  day  of  November,  1778,  entitled, 
"  An  aft  to  prevent  the  return  to  this  ftate,  of  certain  perfons, 
ihcreiii  named,  and  of  others  who  have  left  01  (hall  leave  tliis  (late  or 
either  of  the  United  States  of  America,  and  have  joined  of  (hall  juiil 
the  enemies  thert-of,"  fo  far  as  the  fame  militates  with  the  faid  arti- 
cles of  peace :  Alfo  the  a£l  pafTed  the  28th  day  of  November,  1 778, 
entitled,  "  An  ad  to  confifcate  the  eftates  of  Cundry  perfons  therein 
named,"  together  with  the  additional  ads  to  the  faid  two  ads,  and 
all  other  ads  and  refolvesof  this  ftate,  fo  far  as  they  militate  with,  or 
are  repugnant  to,  the  fpirit  and  meaning  of  faid  trtaty  of  peace  and 
frlendfliip  between  the  United  States  and  his  Britannic  majefty,  (hall 
be  and  hereby  are  repealed  and  made  void. 

State  of  New  Hampshire. 

In  the  Houfe  of  Reprffcntativett  September  1 5//-*,   1 786* 
THE  foregoing  bill  ha\ing  been  read  a  third  time,  voied  that  it 
pufs  to  be  enacted.  Sent  up  for  concf  rrence, 

JOHN  LANG  DON,  Speaker. 


In 


1X1 

alt 


cr» 


In  Senate,  the  i$tb  of  September ,  1786, 
THIS  bill  having  been  read  a  third  time,  voted  that  the  iaoie 
be  enaAed. 

JN».   SULLIVAN,  Prcfideat, 
Copy  examined,  per 

JOSEPH   PEARSON,  Sccrctarr, 

No.  33. 

Coi«imonWbalth  0^  Massachusetts. 

In  the  Tear  of  our  Lord,  One  Tooufand  Seven  Hundred  attd  Ilight^" 

/even. 

Ad  a^  for  repealing  any  a£ls  or  parta  of  adls,  heretofore  palTed  by 
the  legiflature  of  this  commonwealth,  which  may  militate  with,  or 
infringe,  the  treaty  of  peace  entered  into  by  the  United  States  of 
America  and  Great  Britain. 

Whereas  certain  laws  or  ftatutcs,  made  and  pafled  in  fome  of  the 
United  States,  are  regarded  and  complained  of,  as  repugnant  to  the 
treaty  of  peace  with  Great  Britain,  by  reafon  whereof  hot  only  the 
good  faith  of  the  United  States,  pledged  by  that  treaty,  has  been 
drawn  into  queftion,  but  their  eflential  interefts  under  that  treaty 
greatly  affeded. 

And  whereas,  juftice  to  Great  Bifttain  as  well  ^  regard  to  the 
honor  and  interefts  of  the  United  States,  require,  that  the  faid  treaty 
be  faithfully  executed,  and  that  all  obttacles  thereto,  and  particularly 
fuch  as  do,  or  may  be  conftrued  to  proceed  from  the  laws  of  this  com- 
monwealth, be  efSe6lually  removed,  therefore. 

Be  it  ena£ted  by  the  fenate  and  houfe  of  reprefentatlves  in  genci 
ral  court  affembled,  and  by  the  authority  of  the  fame,  That  fuch  of 
the  adls  or  parts  of  a£^s  of  the  legiflature  of  this  commonwealth, 
as  may  be  repugnant  to  the  treaty  of  peace  between  the  United  States 
and  his  Britannic  majefty,  or  any  article  thereof,  and  fo  far  as  they 
may  be  repugnant  thereto,  fliall  be  and  hereby  are  repealed ;  and 
further,  that  the  courts  of  law  and  equity  within  this  commonwealth 
be,  and  they  hereby  are  dire^ed  and  required,  in  all  caufes  and  qucf- 
tions  cognizable  by  them  refpedtively,  and  ariftng  from  or  touching 
the  faid  treaty,  to  decide  and  adjudge  according  to  the  tenor,  true  in^ 
bent  and  meaning  of  the  fame,  any  thing  in  the  faid  adls  or  parts  of 
ads,  to  the  contrary  thereof,  in  anywife,  notwithftanding. 

In  the  Houfe  of  Rcprffintatlvest  $Oth  jlprily   1 787. 
This  bill  having  had  three  feveral  readings,  pafled  to  be  enaded. 

ARTEMAS   WARD,  Spkr, 
In  Senate^  April  30/A,   1 787. 
This  bill  having  had  two  fcvcral  readings,  pafled  to  be  enaded. 

SAMUEL    PHILLIPS,  jur.Prefidt, 
By  the  governor  approved. 

JAMES   BOWPOIN. 
A  true  copy.  Attcft, 

JOHN    AVERY,  jur.    Scc'rr. 
R.  r 


0  * 


C      1«2      ] 


•  No.  34. 

Statb  of  Rhode  Island,  and  Providencb  Piantations. 

In  General  AJfemhlyt  Se^ember  Seffiont  A,  D.  1787. 
Be  it  enabled  by  the  general  aflembly>  and  by  the  authority  there* 
of  it  is  hereby  enabled,  That  the  treaty  of  peace  entered  into  be- 
tween the  United  States  of  America  and  his  Britannic  maiefty)  ii 
fully  binding  upon  all  the  citizens  of  this  ftate  as  a  law  of  the  land* 
and  is  not,  in  any  refped,  to  be  receded  from,  mifconftrued,  or  viola- 
ted. 

A  true  copy,  witnefs, 

Hy.    SHERBURNE,   Deputy-Secretary 


35- 
At  a  General  AJfembly  of  the  State  of  Connedicut^  boiden  at 


No. 
fx     n  s    At  a  General  Affemhi^ 
*    *     *'        Hartfordyonthefecondthurfday  of  May^  A,  D,  xi^i^ 

WHEREAS  the  United  States,  in  congrefs  aflembled,  have, 
by  their  refolution  of  the  13th  of  April,  1787,  recommended  to 
the  feveral  dates  to  repeal  all  fuch  adls  and  parts  of  afis  of  their  fe- 
Teral  legiflatures,  as  may  be  now  exifting  in  any  of  the  faid  ftates, 
repugnant  to  the  treaty  of  peace  between  the  United  States  and 
Great  Britain,  and  that  each  ftate  pafs  fuch  a£t  of  repeal,  whether 
any  fuch  exceptional  a£t  is  exifting  in  fuch  ftate  or  not,  and  that  rather 
by  defcrtbing  than  reciting  fuch  a6k,  for  the  purpofe  of  obyiating  all 
difputes  and  queftions  between  the  United  States  and  Great  Britain 
relative  to  faid  treaty ;  and  although  there  hath  been  no  complaint 
or  fuggeftion,  officiaUy  or  otherwife,  that  there  is  any  aA  or  part  of 
a^n  aa  exifting  in  this  ftate  repugnant  to  faid  treaty,  yet  this  aflfembly, 
being  at  all  times  difpofed  to  conform  to  the  true  intent  and  fpirit  of 
the  articles  of  confederation,  and  to  prevent  and  remove  (fo  far  as  to 
this  aflembly  doth  appertain)  all  caufes  of  difpute  and  contenti'>n, 
and  every  juft  ground  of  complaint,  have  thought  fit  to  ena£i,  and 

Be  it  enabled  by  the  governor,  council,  and  reprefentatives,   in 

general  court  aflembled,  and  by  the  authority  of  the  fame,  That  fuch 
f  the  afts,  or  parts  of  acts  of  the  legiflature  of  this  ftate,  as  are 
repugnant  to  the  treaty  of  peace  between  the  United  States  and 
his  Britannic  majefty,  or  any  article  thereof,  fhall  be,  and  hereby  are, 
repealed. 

And  be  it  further  enabled  by  the  authority  aforefaid,  That  the 
courts  of  law  and  equity  within  this  ftate  be,  and  they  hereby  are 
directed  and  required,  in  all  caufes  and  queftions  cognizable  by  them 
'refpeflively,  and  arifing  from  or  touching  faid  treaty,  to  decide  and 
adjudge  according  to  the  tenor,  true  intent  and  meaning  of  the  fame ; 
any  thing  in  the  faid  a6ts,  or  part  of  afts,  to  the  contrary  thereof, 
VI  anywilc,  nutwithftanding. 

A  tnic  copy  of  record,  exramined  by 

GEORGE    WYLLYS,  Secretary. 


t-    "3    ] 


*%' 


No.   36. 
Cojy  from  the  feeond  Volume  of  the  Laws  of  the  State  of  New  ?  ori, 

publi/hed  according  to  an  AS  of  the  Legiflature. 
An  A£l  in  the  form  of  the  a£t  recommended  by  the  refolution  of>thc 
United  States  in  congrefs  aifembled,  of  the  twenty-firft  day  of 
Marchf  one  thoufand  feven  hundred  and  eighty-feven,  to  be  pafT* 
ed  by  the  feveral  ftates,  relative  to  the  treaty  of  peace  between 
the  United  States  and  the  king  of  Great  Britain. 

Faffed  2 2d  Februair,  1788. 
WHEREAS  certain  laws  and  ftatutesi  n^ade  r.nd  pafled  in  fome 
of  the  United  States,  are  regarded  and  complaiucd  of  as  repugnant  to 
the  treaty  of  peace  with  Great  Britain,  by  reafon  whereof  not  only 
^he  good  faith  of  the  United  States,  pledged  by  that  treaty,  has  been 
drawn  into  queftion,  but  their  eflential  interefts,  under  that  treaty, 
greatly  aSe£ted.  And  whereas  juftice  to  Great  Britain,  as  well  as  re- 
gard to  the  honor  and  interefts  of  the  United  States,  require,  that 
the  faid  treaty  be  faithfully  executed,  and  that  all  obftacles  thereto, 
and  particularly  fuch  as  do,  or  may  be  conftrued  to  proceed  from  th( 
laws  of  this  ftate,  be  e£FeAually  removed :  Therefore, 

Be  it  ena^ed,  by  the  people  of  the  flate  of  New  York,  reprefent* 
ed  in  fenate  and  afTembly,  and  it  is  hereby  enaded  by  the  authority 
of  the  fame.  That  fuch  of  the  a£ts  and  parts  of  a£ts  of  the  legiflature 
of  this  flate,  as  are  repugnant  to  the  treaty  of  peace  between  the 
United  States  and  his  Britannic  majefty,  or  any  article  thereof,  fhall 
be  and  hereby  are  repealed.  And  further,  that  the  courts  of  law  and 
equity,  within  this  ftate,  be  and  they  hereby  are  direAed  and  required, 
in  all  caufes  and  queftions,  cognizable  by  them  refpedlively,  and 
arifing  from,  or  touching,  the  faid  treaty,  to  decide  and  adjudge  ac» 
cording  to  the  tenor,  true  intent,  and  meaning  of  the  fame  ;  any  thing 
in  the  faid  adls,  or  parts  of  a^ts,  to  the  contrary  thereof,  in  anywife, 
notwithftanding. 

No.  37. 

/«  the  tv/elfth  Tear  of  the  Independence  of  the  Delaware  State, 

■At  a  Se/jHon  of  the  General  AJfemblj^  commenced  at  Dover ^  on  the  20th 

Day  of  OSober,   1787,  and  cont'inuedt  by  adjournmentf  to  the  id  Day  , 

of  February  following^  inelufive,  the  following  ji9t  <a}cre  pa^d^  that\ 

is  to  fay  : 
An  a£t  for  repealing  all  ads,  or  parts  of  a6^s,  repugnant  to  the  treaty  i 

of  peace  between  the  United  States  and  his  Briiannic  majefty,  or] 

any  article  thereof. 

WHEREAS  certain  laws  or  ftatutes,  made  and  paflVd  in  for 
of  the  United  States,  are  regaidcd  and  complained  of,  as  repugnautj 
to  the  treaty  of  peace  with  Great  Britain  ;  by  rcifon  whereof,  not 
only  the  good  faith  of  the  United  States,  pledged  by  tliat  tnaty,  has 
been  drawn  into  queftion,   but  tliclr  cfTential  interefts,    under  ths 
treaty,  greatly  affcdcd. 

And  whereas  juftice  to  Great  Britain,  as  well  as  regard  to  the  ho- 
nor and  iatcrcrfU  of  the  United  States,  rcijuire,  tliat  tl'?  f:uJ  treaty 


it^ 


i  iH  3 


t>;  faithfully  executed,  aud  that  all  obftades  thereto,  and  particularly^ 
/uch  as.  do  or  may  be  cbnftrued  to  proceed  from  the  laws  of  this  ftate| 
be  efre£tually  removed :  Therefore, 

Be  it  enadted,  by  the  general  aiTembly  of  Delaware,  and  it  it 
hereby  enaAed  by  the  authority  of  the  fame,  That  fuch  of  the  a£ls, 
or  parts  of  afls,  of  the  legiflature  of  this  ftate,  as  are  repugnant  to 
the  treaty  of  peace  between  the  United  States  and  his  Britannic  ma- 
jefty,  or  any  article  thereof,  (hall  be  and  hereby  are  repealed. 

And  further.  That  the  courts  of  law  and  equity,  within  this  ftate, 
be  and  they  hereby  are  dircded  and  required,  in  all  caufes  and  quef- 
tions,  cognizable  by  them  refpedtively,  and  arifing  from,  or  touching^ 
the  faid  treaty,  to  decide  and  adjudge  according  to  the  tenor,  true 
intent,  and  meaning  of  the  fame  ;  any  thing  in  the  faid  a£ls,  or  parts 
bf  a£ls,  to  the  contrary  thereof,  in  any  wife,  notwithftanding. 

Signedi  by  order  of  the  houfe  of  aflembly, 

JEHU  DAVIS,  Speaker* 

Signed,  by  order  of  the  council, 

THOMAS  MCDONOUGH,  Speaker. 

PqJ^ed  at  Dovetf  February  zd,  1788. 


No.  38. 

^An  As  declaring  the  Treaty  of  Peace  between  the  United  States  and  hit 

Britannic  Majejiy^  the  Supreme  Law  within  this  liate* 

B  £  it  enaded  by  the  general  aflembly  of  Maryland,  and  it  ii 

hereby  declared.  That  the  treaty  of  peace  made  between  the  United 

States  of  America,  and  his  Britanr'.c  majefty,  is  the  fupreme  law 

within  this  ftate,  and  ftiall  be  fo  confidered  and  adjudged  in  all  courts 

of  law  and  equity,  and  all  caufes  and  queftions  cognizable  by  the 

faid  courts  refpefiively,  ought,  and  fhall  be  determined  according  to 

the  faid  treaty,  and  the  tenor,  true  intent  and  meaning  thereof. 

S^  the  SehatSEt  May  i/^h,  I787.  Read  and  aflented  to. 

By  order,         J.  D  O  R  S  E  Y,  Clerk. 

^y  the  Houfe  of  Bekg(^est  May  l^th,  1787. 
Read  and  aflented  to. 
By  order,  WM.   HA  RWOOD,  Clerk. 


( 


W.  SMALLWOOD. 
'The  great  Seal,  in\ 

wax  appendant,  f  ' 

4rt  Tejtmonyt  that  the  aforegoing  is  a  true  Copy  from  the  original  AB  of 
the  General  Affemhly  of  Maryland^  remaining  in  the  General  Courts 
J  have  hereto  Jbi  my  Hand,  and  affixed  the  Seal  of  Office^  this  t^th 
Day  of  June,  in  the  Tear  of  our  Lord,  1787. 

L.  S.)  THOs.  B.  HODGKIN,  Clerk  G,  Ct,  tV.  Shore* 


top7 

An  At 


W] 
bf  peaci 
Americ 
meet 
fterlingl 
therefoi 


C    i«5    ] 


No.  39. 

t^opy  of  an  AA  of  the  General  Aflcmbly  of  Virginic,  pafled  Decem- 
ber 12,  1787, 

An  As  to  repeal  fo  much  of  aH  anJ  every  A3  or  Affs  of  y^ffembfy,  at 
prohibits  the  recovery  of  JBritj/h  Debit, 

WHEREAS  it  is  ftipulated  by  the  fourth  article  of  the  treaty 
bf  peace  between  the  king  of  Great  Britain  and  the  United  States  of 
America,  in  congrefs  aflembled,  that  creditors  on  cither  fide  (hall 
iheet  with  no  lawful  impediment  in  the  recovery  of  the  full  value,  in 
fterling  money,  of  all  bona  fide  debts  heretofore  contradled.  Be  it 
therefore  enaded  by  the  general  aflembly.  That  fuch  of  the  adls  or 
parts  of  a£ls,  of  the  legiflature  of  this  commonwealth,  as  have  pre« 
vented,  or  may  prevent  the  recovery  of  debts  due  to  Britifli  fuhjcfis* 
according  to  the  true  intent  and  meaning  of  the  faid  treaty  of  peace 
fliall  be,  and  are  hereby  repealed. 

Provided,  That  this  a^  fhall  be  fufpended,  until  the  governor, 
with  the  advice  of  council,  (hall  by  his  proclamation  notify  to  this 
ftate,  that  Great  Britain  hath  delivered  up  to  the  United  States,  the 
pofts  therein  now  occupied  by  Brltlfh  troops,  which  pofts  were  ftlpu- 
lated  by  treaty  to  be  given  up  to  congrefs  immediately  after  the  con- 
clution  of  peace ;  and  is  alfo  taking  meafures  for  the  further  fulfil- 
ment of  the  faid  treaty^  by  delivering  up  the  negroes  belonging  to 
the  citizens  of  this  ftate,  taken  away  contrary  to  the  feventh  article 
of  the  treaty,  or  by  making  fuch  compenfation  for  them,  as  (hall  be 
iatisfadory  to  congrefs. 


An  An  declaring  the  Treaty  of  Peace  between  the  United  States  of  Ante*  • 
rica  and  the  King  of  Great  Britain^  to  be  Part  of  the  Law  of  the  Land. 

BE  it  enabled  by  the  general  a(rembly  ot  the  ftate  of  North  Caro- 
lina, and  it  is  hereby  enaded  by  the  authority  of  the  fame.  That  the 
articles  of  the  definitive  treaty  between  the  United  States  of  America 
and  the  king  of  Great  Britain,  are  hereby  declared  to  be  part  of  the 
law  of  the  land. 

And  be  it  further  enaf^ed  by  the  authority  aforefaid.  That  the 
courts  of  law  and  equity,  are  hereby  diredled  in  all  caufes  and  qtief- 
tlons,  cognizable  by  them,  refpedllog  the  faid  treaty,  to  judge  ac- 
cordingly. 

Read  three  timest  and  ratified  in  general  affembfy,  the  lid  day  of 
Decembert  1787. 

ALEX.   MARTIN,  S.  S. 
JN«.  SITGREAVES,  S.  G 


# 


C   126  3 

No.  41. 


defy  0/  a  Letter  from  his  Excellency  fVilRam  Lhnngfton,  Governor  of 
New  Jerfejt  to  the  Honorable  John  Jay,  Secretary  for  Foreign  Affairs* 

Elizabeth  Town,  15th  June,  1786. 
Sir, 
I  HAVE  been  honored  with  your  letter  of  the  3d  of  May,  la- 
forming  me,  that  congrefs  has  been  pleafed  to  order,  that  you  fliould 
"  report  particularly  and  ^ecially,  how  far  the  fevcral  dates  have 
complied  with  the  proclamation  of  congrefs,  of  the  14th  January, 
1784,  and  the  recommendation  accompanying  the  fame,  purfuant  to 
the  definitive  treaty  of  peace  between  the  United  States  of  America 
and  Great  Britain ;"  and  requeiling  me  to  inform  you,  "  whether, 
and  how  far,  the  ftate  of  New  Jerfcy  has  complied  with  the  recom- 
mendation in  queftion."  In  anfwer  to  which,  I  can  only  inform  you, 
in  genera),  that  I  do  not  know  of  a  Angle  inftance,  m  which  this 
Hate  has  not  ftridly  complied  with  the  faid  proclamation,  as  well  as 
with  the  faid  recommendation,  as  far,  as,  by  the  faid  treaty,  the 
United  States  were  bound  to  comply  with  fuch  recommendation. 

I  have  the  honor  to  be,  &c. 


The  Honorable  John  Jay,  Efq, 


WIL.  LIVINGSTON. 


No.  42. 
Extras  of  a  Letter  from  Richard  Stockton^  Efquire,  Attorney  of  the 
United  States  for  New  Jerfey  Difiria,  to  the  Honorable  Thomas  Jef 
firfony  Secretary  of  StatCf  dated  nth  December ^  1790. 

I  A  M  happy  in  being  able  to  inform  you,  that  no  laws  have  been 
ena^ed  in  New  Jerfey,  contravening  the  treaty  of  peace. 

-The  only  judiciary  decifion,  affedling  the  rights  of  Britifli  fubjefls. 
In  the  ftate  courts,  was  the  opinion  of  a  fingle  judge  (without  the 
point  coming  folemnly  before  the  court,  upon  argument)  delivered 
in  a  charge  to  a  jury }  by  which  he  diredled  the  jury  to  make  a  de- 
duction of  intereit  upon  an  old  bond,  during  the  period  of  the  late 


•war. 


How  far  this  may  be  faid  to  infringe  the  rights  of  Britiih  fubjeds, 
you  will  judge. 

I  have  the  honor  to  be,  &c. 

RD.  STOCKTON,  Atty.  of 
the  New  Jerfey  Diftrift. 
His  Excellency  Thomas  Jcfferfon. 


No.  43. 

IN  GENERAL  ASSEMBLY. 

Monday,  March  3^,   1788,  P.  M. 

THE  report  of  the  committee,  on  that  part  of  the  meflage  from 

council,  whicjh  rcfpefts  the  refoKition  of 'congrefs,  of  the  21ft  of 

March,  laft,  read  Marrh  lil,  was  read  the  fecond  tinw  ;  Whereupon, 


C     "7     ] 


^ 


Refolved,  That  his  excellency  the  prefident,  and  the  honorable  the 
fupreme  executive  council  be  informed,  that  this  houfe  havinff,  by 
their  committee^  carefully  examined  into  the  fubjed  matter  of  that 
part  of  the  faid  meflage,  which  recommends  to  the  notice  of  this  houfe, 
the  refolution  of  congrefsi  pafled  March  2ift»  1787,  and  fuggeftt 
the  propriety  of  paifing  a  declaratory  a£^)  to  anfwer  the  end  intend- 
ed by  the  faid  retolution ;  they  cannot  find,  that  there  is  any  a£t  or 
a£b,  or  any  part  or  parts  of  any  a£l  or  a6b,  pafled  by  the  legiflature 
of  Pennfylvania,  now  in  force,  which  are  repugnant  to  the  treaty  of 
peace  between  the  United  States  and  his  Britannic  majefty,  or  to  any 
articles  thereof,  or  that  at  all  tend  to  rcftrain,  limit,  or  in  any  man* 
ner  impede,  retard,  or  counteraft,  the  operation  and  execution  there- 
of, or  to  explain  the  fame. 

No.  44. 
Cefj  rfa  Later  from  Mt  Excellency  UTtlRam  Moultrie t  Governor  of  South 
Carolina^  to  the  Honorable  John  Jay^  Secretary  for  Foreign  Affairs, 
Charleston,  South  Caroliha,  2iil  June,  1786. 
Sir, 

I  HAVE  been  honored  with  your  favor  of  3d  May,  requefting 
to  know,  for  the  information  of  congrefs,  how  far  this  ftate  has  com- 
plied with  the  proclamation  and  recommendation  of  congrefs,  of  the 
14th  January,  1784. 

The  fubje^  of  Great  Britain  have  encountered  no  other  difficulties 
or  impediments  than  have  the  citizens  of  America,  in  the  recovery 
of  their  dibts ;  fuch  was  the  fituation  of  the  ftate,  that  the  legiflature 
conceived  it  necefiary  to  pafs  laws  tantamount  to  the  fhutting  the' 
courts  i  and  in  this  cafe,  even  Britifh  fubjefts,  who  had  property 
among  us  were  faved  from  ruin  equally  to  thofe  of  America. 

Agreeably  to  the  5th  article  of  the  treaty,  which  congrefs  eameft- 
ly  recommended,  ^his  ftate,  upon  ferious  conftderation,  very  liberally 
complied  with  that  recommendation,  and  reftored  moft  of  the  eftatea 
that  were  under  confifcation  :  the  property  carried  off  by  the  Britiih, 
and  belonging  to  the  citizens  of  the  ftate,  far  exceeded  in  value  the 
property  which,  by  our  laws,  has  been  confifcated  and  fold  :  and  no 
fublequent  ^&.  of  confifcation  has  taken  place  to  the  above  recom- 
mendation of  congrefs. 

This  ftate  pafTed  an  a£l,  February  26ch,  1782,  to  prevent  the  re- 
covery of  debts :  and  this  being  done  prior  to  the  treaty  of  peace, 
and  fince  continued,  from  time  to  time,  in  force,  could  not  poffibly 
have  in  view  to  diftrefs  the  Britifh  fubjeds. 

The  treaty  of  peace  alfo  required  twelve  months  to  be  allowed 
banifhed  perfons,  and  others  attached  to  Britifh  government,  to  fettle 
their  affairs.  This  ftate  has  generoufly  added  three  months  more  to 
the  twelve;  and  in  fome  inftances,  upon  application,  it  has  been  further 
extended  by  tlie  executive. 

I  have  the  honor  to  be,  &c. 

WIXLM.   MOULTRIE. 
Honorable  John  Jay,  Efq. 


f' 


C      128      ] 


No.  45. 
StUraS  of  a  Letttr  from  Rubor  J  I/arrifon,  Eff,  jfttomey  of  the  Uni* 

ted  States  for  the  Diftria  of  New  Torh,  to  the  Seeretaty  of  State, 
.  dated  New  Tori,  December  4/A,  1 790. 

THE  ad  relative  to  debt»  due  to  perfons  within  the  enemv'a 
lanes,  appears  to  have  been  paiTed  even  before  the  provifional  articles 
were  concluded  between  Great  Britain  and  the  United  States.  It 
cannot  therefore  be  confidered  as  an  infra£lion  of  a  treaty  not  exift- 
sDg  until  feveral  months  after,  which  at  moft  could  only  be  contem- 
plated as  probable,  and  was  perhaps  confidered  as  barely  poffiUe. 

Whatever,  therefore,  might  be  the  nature  or  tendency  of  this  ad* 
its  orinn  was  not  exceptionable,  as  interfering  with  any  national 
compad.  The  ad,  befides  a  temporary  reftraint  upon  commencing 
any  fuits  by  oerfons  who  had  been  with  the  enemy  (which  was  re- 
moved foon  after  the  peace)  fubjeded  fuch  perfons  to  the  lofs  of  in- 
tereft  upon  their  debts  icom  ift  January,  1776,  made  then  k'able  to 
any  farther  abatement,  even  of  the  principal,  which  referrces  might 
thuk  proper,  and  obliged  them  to  receive  the  balance  in  public  fe- 
curities. 

The  operation  of  this  ad  became,  foon  after  the  peace,  a  fubjed 
of  much  complaint,  grounded  upon  that  article  of  the  treaty  which 
forbids  any  impediment  to  the  recovery  of  the  full  value  in  fterling 
money  of  all  buna  fide  debts,  and  that  which  declares  that  no  per* 
ion  fliall  fuffer  any  future  lofs  in  his  perfon,  liberty,  or  property. 

With  regard  to  Britifli  creditors,  who  were  fuppofed  to  be  the  pro* 
per  obje£b  of  the  4th  article  of  the  treaty,  the  fuperior  courts  of  the 
ftate  foon  reftrained  the  operation  of  the  ad,  and  I  do  not  know  a 
fingle  inftance  where  they  have  been  held  to  be  affeded  by  it. 

No.  46. 
The  following  are  the  material  Fads  in  relation  to  the  Cafe  of  Rutr 

gers  againft  Waddington,  as  far  as  they  are  now  recoUeded,  and 

a  confidence  is  entertained  that  the  Statement  is  fubftantially  ac- 

curate. 

THE  fuit  was  brought  in  the  mayor's  court  of  the  city  of  New 
York,  for  the  occupation  and  injury  of  a  brcw-houfe  in  that  city, 
during  the  poflcflion  of  it  by  the  Britifli  army,  founded  upon  an  ad 
of  the  ffa||te  of  New  York,  entitled  "  An  Ad  for  granting  a  more 
cffiedual  relief  in  cafes  of  certain  trefpaffes,"  which  gives  remedy,  by 
adion  of  trefpafs,  to  all  citizens  who  had  refided  without  the  enemy's 
,  lines,  againft  thofe  who  had  refided  within  thofe  lines,  wherever  the 
property  of  the  former  had  been  occupied,  injured,  deftroyed,  pur- 
chafed,  or  received  by  the  latter,  declaring,  *'  that  no  defendant 
fhottld  be  admitted  to  plead  in  juUification,  any  military  order  or 
command  whatever  of  the  enemy,  for  fuch  occupancy,  injury,  de- 
Arudion,  purchafe,  or  receipt,  nor  to  give  the  fame  in  evidence  on 
the  general  iflue."  This  ad  was  pafled  fubfequcnt  to  the  provifional, 
^ut  prior  to  the  definitive,  treaty.  The  fad  was,  that  the  defendant 
had  occupied  the  brcw-houfe  in  qucftion,  under  regular  authority  of 


per* 


r  «i9  ] 

ihc  Britiih  army,  proceeding,  for  a  part  of  the  time,  immediately  from 
the  commander  in  chief,  and  for  another  part  of  it  from  the  quarter- 
mafter-general,  and  had  even  paid  rent  for  the  ufe  of  it. 

Several  pleas  were  pleaded  for  the  different  portions  of  time  cor- 
rcfponding  with  the  itate  of  the  fa£l,  one  alleginp;  the  occupation, 
under  the  immediate  order  of  the  commander  in  chief,  the  other  un* 
der  that  of  the  quarter-mafter-gcneral. 

The  particulars  of  the  pleas  appear  to  be  accurately  dated  in  Mr* 
Hammond's  memorial. 

The  court  allowed  th;  plea  which  alleged  the  occupation  under 
the  immediate  authority  of  the  commander  in  chief,  and  over-ruled 
the  other,  giving  judgment  for  the  plaintiff  for  the  portion  of  time 
covered  by  the  latter.  The  ground  of  diitindlion  was,  that  it  could 
not  be  in  the  courfe  of  fervice,  for  a  quarter-mafter-general  to  let  out 
brew-houfes. 

The  force  of  the  treaty  to  over-rule  the  inhibition  againfl  pleading 
a  military  order,  was  admitted  by  the  decifion,  which  allowed,  in 
fa£t,  the  validity  of  fuch  an  order,  when  proceeding  from  the  conk* 
thander  in  chief.  . 

But  a  urit  of  error  was  brought  by  the  defendant  to  reverfc  the 
judgment  in  the  fupreme  court,  and  pending  that  writ,  a  voluntary  com- 
promije  between  th?  parties  took  place,  which  fuperfeded  its  profecu- 
tion  to  a  final  decifion.  A  fum  of  money  was  paid  by  the  defendant, 
in  confequence  of  this  compromife. 

It  is,  however,  but  candor  to  acknowledge,  that  from  the  uncer- 
tainty of  the  event,  the  defire  of  the  defendant  to  compromife,  as  a 
prudential  courfe,  was  not  difcouragcd  by  his  counfel. 

It  is  not  rccoUe^ed  that  any  decifion  ever  took  place  in  the  fu- 
preme court  of  the  flate,  giving  effeft  to  the  inhibition  above  men- 
tioned. It  is  believed  that  none  ever  did. — ^The  exceptionable  claufe 
was  repealed  by  an  acl  of  the  4th  of  April,  1787,  which  put  an  end 
to  the  quedion.  I  adieu    s  attorney  and  counfel  for  the  defendant. 

ALEXANDER   HAMILTON. 

Philadelphia,  April   19th,  1792. 


Sir, 


No.  47. 

Philadelphia,  April  nth,  1792. 


HAVING  been  accidentally  prefent  nt  the  examination  of  the 
tvitneffes  againfl  John  Smith  Hatfield,  taken  before  the  proper  magi- 
Urate,  in  New  Jerfey,  on  a  hab.  corpus  brought  by  Hatfield,  to  ob- 
tain an  order  for  bail  or  difcharge,  I  have  taken  the  liberty  to  give 
the  fubflince  of  the  teflimony.  Hatfield  was  an  inhabitant  of  Eliza- 
beth-tow 1,  in  New  jerfey,  and  went  over  to  tht:  Dritifh  in  1778.  A 
certain  Mr.  Ball,  alio  an  inhabitant  of  New  Jcrfcy,  ufed  to  fupply 
the  Britifh  on  Staten  Ifland,  with  provilioivj,  by  flealth,  it  beirtv 
c:)ntrary  to  our  Inw.  A  fpy  having  been  taken  in  our  linen,  who  had 
been  a  refugee,  was  tried  by  a  court  martial  and  executed.  The  next 
tinEi|iBall  went  over  to  the  ifland  with  provifions,  the  refugeei^  of 

S  a 


C    130   3 

whom  Jcihn  Smith  Hatfield  was  onr,  feized  him,  and  threatened  t* 
execute  him  in  retaliation.  The  Britifh  commanding  officer  exprefsly 
forbade  it,  on  which  they  determined  to  take  him  out  of  the  Britim 
ttne«,  and  within  ours,  and  there  execute  him.  The  commanding 
officer  fent  for  the  witncfs,  and  after  enquiring  into  the  character  of 
Ball,  told  the  witnefsthat  he  had  forbade  it,  but  ftill  feared  that  ther 
would  put  their  threats  into  execution,  by  removing  Ball  without  his 
jurifdt^ion.  But  if  they  (hould,  the  officer  defired  witnefs  to  inform 
our  people  that  the  Britiih  had  nothing  to  do  with  it,  and  that  the 
perfons  guilty  of  the  crime,  muft  anfwer,  alone,  for  it.  On  witnefs's 
return,  he  faw  a  boat  with  a  number  of  men,  among  whom  HatBeld 
was  one,  paffing  over  to  Bergen  (hore,  he  faw  them  land,  take  a  man, 
who  was  tied,  out  of  the  boat,  and  lead  him  to  a  tree,  place  him  on  a 
table,  and  one  of  the  number  tie  a  rope,  that  was  round  his  neck,  to 
a  limb  of  the  tree,  and  take  the  table  from  under  him,  whereby  he 
was  left  hanging.  Witnefs  waited  at  the  tavern  till  their  return,  when 
he  heard  Hat6eld  fay,  that  he  had  hanged  Ball,  and  wilhed  ne  had 
many  more  rebels,  he  would  repeat  it  with  pleafure. 

Sometime  afterwards  Hatfitld  ihowed  witnefs  the  tree  on  which  he 
faid  he  had  hanged  Ball,  and  where  he  was  buried. — On  this  evidence, 
and  other  corroborating  tcltimony,  the  magiftrate  took  the  matter 
into  confideration,  but  on  examining  the  hab.  corpus,  and  finding  it 
had  iflued  at  common  law,  and  not  under  the  ilatute,  and  knowing 
that  he  ad^ed  merely  in  a  fummary  way,  determined  that  it  would 
be  highly  imprudent  for  him  to  decide  fo  great  a  quellion,  and  one  in 
which  the  treaty  of  peace  was  involved,  <>n  fo  (light  a  confideration, 
when  the  court  was  near  at  hand,  he  coin  luded  to  remand  the  prifoner 
to  New  Ark  gaol,  where  he  had  nearly  loil  his  life  by  his  debauche- 
ries. 

At  the  meeting  of  the  court  in  Bergen  county  (in  which  the  crime 

iwas  committed)  the  evidence  did  not  attend,  whereupon  the  court 

adjourned  the  bufinefs  till  the  next  court,  and  conlidering  the  peculiar 

(tuation  of  the  prifoner,  thought  proper  to  bail  him,  but  Hatfield 

immediately  ran  away  and  never  again  returncd» 

The  bail  have  applied  to  the  legiflatiire  for  relief  againft  their 
recognizance,  and  I  believe  have  been  difchargcd. 

Thefc  are  the  fadls,  in  fliort,  as  far  as  my  memory  will  ferve  me ; 
my  colleagues  not  knowing  of  this  matter,  but  from  general  report, 
could  fay  nothing  but  what  arofc  theicfrom. — I  cannot  afcertain  the 
year  this  happfned,  with  ccrt;tluty,  but  believe  it  was  in  1788.  If  il 
(hould  be  nrcefTaiy,  t!ic  ailidaNils  may  be  produced,  as  they  are  with 
the  judge,  or  cmong  the  files  of  the  court. 

I  have  the  honor  to  be,  with  great  refpcdl, 
Sir,  your  moil  obedient  humble  fervant, 

ELIAS    BOUDINOT. 
"The  honorahk  the  Secretary  of  State. 

Since  writing  the  alunc,  Mr.  lioudinot  is  well  informed  that  Hat- 
field's couiii^;!  has  advifcd  his  bail  to  pltnd  to  the  adtion  agalnll  them 
en  the  reco- lUiiance,  ni  they  coulidtr  th.ra  ;'.s  net  legally  b;mud  tApay 


the 
has 
not 


the  forfeiture,  and  not  to  apply  to  the  leglHature  for  redress.  Thin 
has  been  done  fome  time  pall,  iince  which  the  attorney-general  hay 
not  moved  the  queillon. 

No.  48. 
I  DO  hereby  certify,  that  there  never  has  been  cither  originally 
inftituted  In  the  fupreme  court  of  the  United  States  or  removed  there, 
from  any  inferior  couit  of  the  United  States,  any  fuit  or  claim,  be- 
tween a  fubiefl  of  the  king  of  Great  Britain  on  the  one  part,  and  a 
citizen  or  citizens  of  the  United  States  on  the  other. 
As  witnefs  my  hand, 

SAMUEL    DAYARD, 
Clk.  of  the  fupreme  court  of  the  United  Scateii, 
Philadelphia,  April  25th,  1792. 


U 


o. 


49. 


THE  fubfcribing  fenators  and  reprcfentatlves  of  the  Rate  of  Mar 
ryland,  in  the  congrefs  of  the  United  States,  in  reply  to  the  enquiries 
addretfed  to  them  by  the  fecretary  of  flate,  not  having  in  this  city  the 
neceffary  documents,  to  which  they  might  particularly  refer,  can 
only  inform  him  generally. 

That  foon  after  the  pacification  between  thcfe  dates  and  Great 
Britain,  complaints  of  an  ob(lru6lIon  to  the  recovery  of  ^ritlfh  debts 
in  fome  of  the  ftates  by  his  Britannio  majefty*s  minlller,  Mr.  Pitt* 
were  tranfmitted  by  congrefs  to  the  feveral  dates,  accompanied  by|a 
requlfitlon  of  that  honorable  body,  that  laws  fhould  be  paffcd  to- 
fecure  the  effe£lual  obfervance  of  the  treaty.  The  leglflature  of  Ma- 
ryland in  confequence  thereof,  enabled  a  law  declaring  the  treaty  the 
fupreme  law  of  the  land,  which  was  in  reality,  but  a  compliance  in 
form,  with  what  had,  in  effcdl,  taken  place  immediately  after  the 
exchange  of  the  ratifications  of  the  definitive  treaty.  Britlfh  fuits 
having  been  maintained  from  that  period,  in  the  fuperior  and  inferior 
tribunals  throughout  the  ftate  without  any  ob(lru6lion  whatever,  to 
our  knowledge,  except  In  one  Inftance  in  the  county  of  Charles, 
wherein  a  lawyer  thought  it  advifable  to  withdraw  fome  actions  of 
this  defcription,  from  a  dread  of  pppular  interference.  But  on  the 
fpeedy  interpofitlon  of  authority,  thofe  fuits  were  all  rcftored,  and  the 
perfons  concerned  brought  to  a  proper  fcnfc  of  their  mlfconducl : 
from  that  event  to  the  prcfent,  Britlfli  claimants,  as  well  under  con- 
trafts  previous  to  the  late  war,  as  fince,  liavt,  In  every  Indance,  en- 
joyed every  facility  in  the  tribunals  of  juillce  of  Maryland,  equally 
with  her  own  citizens.  They  have  recovered  in  due  courle  of  law 
and  remitted  to  Great  Britain,  large  debts  of  either  defcription. 

It  Is,  however,  to  be  underdoud,  that  the  cafes  of  perfons  who, 
during  the  late  war  paid  debts,  contrafted  previoiifly  thereto,  into  the 
trcnfur)'  of  Maryland,  by  virtue  of,  and  In  conformity  with,  two  at\i 
of  that  date  of  1780,  chapter  5lh  and  45tl),  have  prefcntcd  to  the 
courts  of  that  country,  an  important  qucdion,  involving  princlpleg 
9f  much  nicety,  entenfive  national  importance,  which  if  nut  aual^ 


C     ija     ] 

SOU!  to,  and  exprcfsly  prutrfted  by,  the  laws  of  nationi,  and  prcc«* 
ents  drawn  from  other  countries,  were  yet  of  novel  imprcfllun  in 
America,  and  required  much  deliberation.  A  variety  of  fuch  fuita 
were  brought ;  the  ufual  iteps  were  regularly  and  without  interruption 
purfued ;  the  gentlemen  at  the  bar  of  the  fuprcmc  common  law  court 
were  nearlv  equally  divided,  on  the  different  fides  of  thefe  cluims,  and 
it  waa  finally  agreed  between  them,  to  fcledl  fome  one  cafe  for  trial, 
on  the  fate  of  which  the  reft  (hould  depend.  The  cafe  of  Mildred 
againft  Dorfey,  which  is  particularly  mentioned  by  tlu-  fecretary,  was 
the  individual  cafe  fo  felefted,  and  after  a  full  hearing,  the  court 
determined  againft  the  American  citizens,  in  favor  of  the  Britifh 
claimants;  on  which  an  appeal  was  entered,  as  is  ufual  in  all  cafes  of 
confequence,  ^ndthat  caufe  together  with  all  others  fimilarly  circum- 
llanccd,  wherein  new  fecurity  could  be  procured  by  the  defendant, 
removed  to  the  high  court  of  appeals  uf  Maryland,  where  it  now 
remains'fbf  final  decifion,  and  where  it  will  he  tried  as  foon  as  the 
accuftomed  legal  forms  arc  complied  with.  Throughout  the  whole 
progrefs  of  this  fuit,  there  has  been  no  delay  on  the  part  of  the  courts 
or  tlie  defendants }  all  the  forms  have  been  condutEted  upon  the  prin- 
ciple of  mutual  agreement  between  the  counfel  on  either  party. 

With  refpedt  to  the  cafe  of  Harrifon's  reprefentatives : — On  the 
dlfclofure  of  fadls  made  by  the  trultees  of  the  will  of  Harrifon,  on 
oath,  in  chancerv,  in  confcquence  of  the  claim  made  by  the  attorney- 
general,  in  behalf  of  the  ftate,  the  chancery  court  determined  it  in 
favor  of  the  ftate,  it  is  believed,  on  this  principle,  that  however 
Great  Britain  might  confider  the  antinati,  as  fubjed^s  born,  and  that 
they  could  not  diveft  thcmfclves  of  inheritable  qualities,  yet  that  the 
principle  did  not  reciprocate  on  America,  as  thofe  antinati  of  Great 
Britain  could  never  be  confidered  as  fubjeAs  born  of  Maryland. 

The  legiflature,  however,  took  the  matter  up  and  paiTed  an  adt 
relinquilhing  any  right  of  the  ftate,  and  directing  the  intention  of  the 
teftatorto  take  eSciri,  notwithftaiiding  fuch  right.  It  is  conceived,  that 
this  was  a  liberal  and  voluntary  interpolition,  on  the  part  of  thelegif-, 
lature,  in  behalf  of  the  reprefentatives  of  Harrifon,  who  are  at 
liberty  to  purfue  their  claim. 

JN"-   HENRY, 
C  H.   C  A  R  R  O  L  L,  of  Carrollton, 
JOHN  F.  MERCER, 
SAMUEL   STERRET, 
TOSA.    SENEY, 
W.  V.  MURRAY, 
PHILIP   KEY, 
UPTON   SHEREDINE, 


£xi 


C     133    3 

No.  50. 
Mxirall  of  a  Ltttirfrom  fVilliam  Tif^hman,  E/quire,  to 

daitJ  Chffier'TowH,  ytphl  26th,  1793. 
Dbar  Sir» 

YOUR  favor  of  the  15th  iiiAant,  found  me  at  Eafton.  There  it 
no  doubt  but  Britiih  fubjedts  have  uniformly  been  permitted  to  reco- 
ver from  the  citizens  of  Maryland,  their  debts  due  on  caufcs  of  aAi- 
on  exifting  before  the  late  war.— The  only  difputc  has  been  about 
the  intereit  which  accrued  during  the  war.  Our  courts  have  decided  the 
point  of  interell  againfl  the  Britiih  creditor.— But  this  dccifion  hat 
been  founded  on  general  principles,  and  not  on  any  a6t  of  afTemblf 
contravening  the  treaty  of  peace. 

We  have  recognized  that  treaty  as  the  law  of  the  land,  by  a  parti- 
cular  a£t  of  aflembly,  and  our  judges  have  given  one  very  linking 
proof  of  their  impartiality  in  the  conilrudtion  of  it.  I  allude  to  the 
decifion  of  the  general  court  in  favor  of  Britifh  creditors,  againft  a 
number  of  Maryland  citizens,  who,  during  the  war,  depufited  paper 
money  in  the  treafury,  under  the  fand^ion  of  a  law  at  that  time  exift- 
ing, m  fatisfadtion  of  their  debts.  Whether  the  treaty  fhould  have 
fuch  retrofpedt  89  to  avoid  thcfe  payments  was  certainly  a  doubtful 
point. 

It  would  be  endlefs  to  enumerate  the  particular  inftances  of  BritiHi 
debts  recovered.  One  or  two  I  will  mention,  of  a  ftronger  nature 
than  common,  which  have  fallen  within  my  own  knowledge.  Cn. 
Chriftie,  whofe  eftate  (except  his  debts)  was  confifcated,  for  adher- 
ing to  the  BritiHi  army,  recovered  upwards  of  ^.  1200  (lerling, 
from  Colonel  Richard  Graves,  of  this  county,  on  a  judgment  ob- 
tained before  the  revolution. — Mr.  George  Rome,  of  London,  re- 
ceived/row thejlate  of  Maryland,  upwards  of  £.  1700  currency,  on 
a  claim  which  he  had  a^ainil  Colonel  Chalmers  of  the  British  army, 
whofe  eftate  had  been  fcized  by  the  itate,  on  an  attainder  of  treafon. 
In  fliort,  it  is  notorious  that  we  have  complied  with  the  true  fpirit 
of  the  treaty,  and  that  our  government  has  thrown  no  legal  impedi- 
ment in  the  way  of  the  recovery  of  debts  due  to  Britiih  fubjedts  from 
pur  citizens,  prior  to  the  revolution. 

I  am,  dear  Sir,  with  refpcA  and  efteem,  yours, 

WM.  TILGHMAN. 


No.  51. 
Dear  Sir,  Annapolis,  April  23d,  179a. 

YOUR  favor  of  the  15th  inftant  came  fafe  to  hand,  and  on  ex- 
amining  the  records  of  our  court,  I  find  a  number  of  fuits,  com- 
menced by  Britiih  merchants,  againft  citizens  of  this  ftate,  fur  debts 
contradted  before  the  revolution,  in  which  judgments  have  been  uni- 
verfally  rendered  and  carried  into  execution ;  the  plaintiffs  in  every 
cafe,  releafed  the  intereft  during  the  war.  James  Gordon  and  others, 
have  brought  at  leaft  a  hundered  fuits,  fince  the  year  eighty-five,  for 
old  debts,  and  recovered  judgments  :  John  Buchanan  and,  Co.  have 
alfo  brought  a  number  of  luits,  in  which  they  have  alfo  obtained 


C     134    I 

judgments ;  one  in  particular,  againft  Charles  Ridgety,  fon  of  Wil- 
liam, of  Baltimore  county,  for  a  very  confiderable  debt,  in  which  a 
payment  into  the  treafury  was  plead,  and  proves  to  have  been  made 
agreeably  to  our  a6^  of  aflembly ;  in  this,  and  feveral  other  fimilar 
cafes,  the  court  on  a  cafe  ftated,  gave  judgment  for  the  plaintiffs  for 
the  full  fum  due,  with  intcreft,  except  the  intereft  during  the  war, 
computed  from  the  4th  July,  1776,  to  the  3d  September,  17B3. 
Spears,  French,  and  Co.  James  Ruflel's  adminiftrator,  and  feveral 
other  Britifh  merchants,  have  brought  fuits  for  debts  of  the  above 
defcription,  and  recovered  judgments  with  as  much  facility,  as  one 
citizen  againft  another  could  do.  I  could  with  cafe  give  you  the  par- 
tics'  names,  in  all  the  judgments  rendered  in  our  court,  of  the  defcrip- 
tion you  mention,  but  from  your  letter,  I  imagine  a  few  will  anfwer. 
I  have,  therefore,  only  feledted  fuch  as  you  will  obferve  at  the  foot 
of  this  letter. 

I  am,  dear  fir,  with  great  efleem,  your  very  humble  fervant, 

JN°.    GWINN. 
jfames  Gordon^  formerly  the  houfe  of 
John  Glafsford  tsf  Co. 

Samtt 
jfobn  Buchanan  tff  Co. 

Samet 
Cunninghamt  Fintiley,  Cff  Co. 

Same, 
George  and  Andrew  Buchanan, 

Same, 
James  Clerhe,  adm:  of  J  at.  Rnffell, 

Same, 
Thontat  Siewardfon,  adm.  of  Daniel 
Mildred, 

Same, 
Spears,  French,  w*  Co. 

Same, 
jfamts  Brown  t^  Co. 

Same, 


vs.  Judith  Chafe. 

vs.  George  Dent* 

vs.  Charles  Ridgely,  of  William, 

vs.  Samuel  Lane. 

vs.  John  Belt, 

vs.  N'uholas  L.  Sewell, 

vs.  Randolph  Brandt* 

vs.  Richard  Brandt^ 

vs.  fofeph  Davis. 


vs.  Jofeph  milinfon, 

vs.  Edward  Dorfey,  fon  of  Jho, 

vs.  John  F.  Bowie. 

vs.  Robert  Warfeld. 

vs.  John  Plummer. 

vs.  Henry  Stone/lreet* 

vs.  John  Thomfon. 


Honorahle  William  V.  Murray,  Efq. 


Sir, 


No.  53. 

Philadelphia,  May  lii,   1792. 


IN  April,  1791,  in  the  dirtrift  court  of  Frcderickfturgh,  the 
cafe  Mitchell  agaiiiil  Wallis,  in  which  tlie  law  of  the  (late  was  plead, 
in  bar  of  the  debt,  the  following  were  the  circumftances  : 

Mitchell,  a  native  of  Great  Britain,  reliding  and  trading  in  Vir- 
^'iuia,  having  debt-)  due  him  to  a  great  amount,  conveyed  thrm,  -  itb 
other  property,  jull  before  the  war,  to  the  ufe  of  his  creditors,  in 
Great  Britain,  and  of  one  creditor  in  Viiginia.  In  this  fituation  the 
«icbts  remained  throujli  the  war^  and  the  a^Slion  wa«  brought  in  favor 


fftf 
the 
famJ 
fuclj 
trea^ 
fcl 

I 
cove 
of  tl 
that] 
woul 
iipoii 
Iha^ 


t  ns  1 

pttf  the  Britlfh  creditors,  in  1788  or  89,  and  judgment  rendered  for 
the  plaintiffs.  Several  other  Judgments  were  entered  in  favor  of  the 
fame  parties,  in  that  and  the  fubfequent  term.  This  mult  be  deemed 
fuch  a  debt  as  was  fuppofed  to  be  prohibited  and  provided  for  by  the 
treaty  :  It  was  fo  argued  on  the  part  of  the  defendant,  whoic  coun* 
fel  I  was,  and  yet  judgment  was  given  againft  him. 

I  have  not  known  of  any  other  inftances,  wherein  the  right  to  re- 
cover  was  regularly  contefted.  It  was,  however,  always  the  opinioA 
of  the  ableft  counfel  at  the  bar,  that  thofe  debts  were  recoverable, 
that  no  law  prohibited  it,  and  if  it  were  otherwife,  that  the  treaty 
would  controul  it.  Since  the  eftablifhment  of  the  prefent  government^ 
upon  the  prefumption  there  would  be  no  further  doubt  on  the  fubje^t* 
I  have  likewife  heard  feveral  of  the  ftatc  judges  fay  they  had  enter* 
tained  the  fame  opinion. 

It  is  true  the  Britifh  merchants  declined  generally  bringing  fuits 
prior  to  that  event,  nor  indeed  have  any  great  number  been  fmcc 
brought  in  the  federal  courts.  For  the  motive  to  this  condud,  it 
is  not  neceflary  to  hazard  a  conjedlure,  as  your  enquiries  refpc^ 
only  the  law,  and  the  decifions  under  it.  Certain  it  is,  they  have 
been  progrefling,  and  with  great  fuccefs  fince  the  peace,  in  the 
amicable  adjuftment  of  their  accounts  with  their  debtors,  which  hai 
perhaps  been  more  effe^ual  (admitting  that  there  was  no  difpute  a- 
bout  the  recovery  otherwife  than  other  debts)  than  any  other  courfe 
would  have  been. 

The  county  courts,  until  very  lately,  have  had  exclufive  jurifdi£^i- 
on  of  fums  under  ten  pounds  only.  Upon  all  fums  above  that  amoimt 
their  decifions  have  been  fubje^  to  the  revifiun  and  controul  of  the 
fuperior  courts.  A  late  modification  gives  them  original  jurifdi£tion 
of  fums  under  ;^.  30 — but,  as  well  as  I  remember,  fubjc^  as  before 
to  correction  of  the  fuperior  courts  by  appeal  or  fuperfedeas.  I  be- 
lieve there  are  but  few  debts  under  that  fum  of  the  kind  referred. 

In  the  federal  court  no  caufe  had  been  put  at  iflfiie,  until  the  latl 
November  term,  at  which  time,  that  of  Jones  and  Walker  was  ar- 
gued, but  continued  over  to  the  prefent  upon  account  of  the  abfence 
of  Judge  Blair,  who  left  the  bench  in  cunl'cquenco  of  the  death  of 
bis  fon. 

I  have  the  honor  to  be,  &c. 

JAS.  MONROE. 

No.  53. 
The  Secretary  0/  State. 

Philadelpiua,  May  6th,  1792. 
Sir, 
A  WRITTEN  recpieft  from  you,  was  fome  days  fmcc  prefentcd 
to  me,  as  one  of  the  delejration  in  cougrefs  for  the  Hat"  of  Virglnlj, 
to  communicate  to  you,  fuch  information  rcfpcdinj^  the  prefent  Hate 
of  debts  due  to  Britilh  fubjeds  in  that  ilatc,  ai  had  come  to  my 
knowledge ;  in  compliance  with  which  rcqad^;,  1  now  furnilh  you 
with  the  following  Hate  of  fads. 


C    13^   ] 

Pixvipufly  to  my  elcftion  to  congrefs,  I  had  been  cngaj^cd  for  fc- 
veral  years  in  the  praAicc  of  law  in  the  ftatc  of  Virginia.  In  the  prc- 
fecution  of  that  bufinefs,  I  was  often  applied  to  upon  the  fubjeA  of 
debts  due  to  Britifli  fubjetfts,  and  had  an  opportunity  of  ohferving 
the  proceedings  of  fcvcral  of  the  courts,  in  fuits  brought  for  the  re- 
covery of  fuch  debts. 

The  rulc*j  of  fcveral  of  the  county  courts,  were  not  entirely  uni- 
form. In  fome  of  the  counties,  fuits  of  that  defcription  were  general- 
ly continued  upon  the  dockets  without  trial ;  but  they  were  fuch  as 
were  not  much  preffed  by  the  plaintiff's  counfel.  In  other  counties 
they  were  brought  to  trial,  and  in  all  the  cafes  within  my  recoUeftl- 
on,  in  which  the  debts  were  eftablifhcd  by  competent  tcftimony, 
judgments  were  rendered  for  the  plaintiffs  ;  except  in  one  inllance,  in 
the  court  for  the  county  of  Chefterficld,  where,  upon  an  tjfue  of  fall 
upon  the  plea  of  a  Briti/h  debtf  the  jury  found  the  plaintiffs  to  be 
Britifh  fubje£ls,  which  finding  canfed  fome  delay,  but  judgment  was 
afterwards  rendered  in  the  fame  court  for  the  fame  debt,  and  the  mo- 
ney fince  paid  under  the  judgment. 

The  plaintiffs  in  this  fuit  were  formerly  Britifh  merchants^  under 
the  firm  of  Robert  Donald,  jun.  and  Co.  I  was  counfel  for  the  com- 
pany in  that  fuit,  and  have  been  concerned  as  counfel  for  them,  or 
for  fome  of  the  members  uiuler  other  firms,  in  at  leaft  one  hundred 
cafes,  in  which  the  plaintiffs  have  received  judgments  in  their  favor, 
and,  I  believe,  have  been  as  fuccefsful  in  collefting  monies  under 
judgments  as  isufually  the  cafe  with  citizens  of  the  flate  of  Virginia. 
1  recoUeft  a  cafe  in  the  court  of  the  county  of  Cumberland,  in  whici'i 
Robert  Donald  was  plaintiff  againfl  Rolfe  Eldridge  defendant,  upon 
a  bond,  judgment  was  given  for  the  plaintiff.  The  defendant  obtain- 
ed an  injunAion  from  the  chancery  fide  of  the  fame  court  to  flay 
proceedings,  &c.  upon  the  fu;j;ge(lIon,  that  the  debt  was  originally 
due  to  Britifh  fiibjefts,  who  were  merchants  and  partners,  and  had 
been  changed  by  obtaining  a  bond  to  Donald,  in  his  individual  capa- 
city, who  was  ail  American  citizen.  Upon  application  the  fuit  was 
brought  before  the  chnt;cellor  by  certiorari^  and  the  injuniftion  dif- 
folved ;  during;  the  fame  time,  the  money  for  which  judgment  was 
rendered,  has  h.cn  fince  paid,  I  believe,  to  my  agent,  and  palfed  in 
account  with  inc,  to  the  credit  of  the  company  of  which  Donald 
was  a  member. 

1  am  now  concerned  in  feveral  fuits  in  tlic  high  court  of  chancer)', 
for  the  puijjofe  of  foreclofing  mortgages  executed  to  Britifh  fubjedts  ; 
they  have  not  yet  come  to  a  doifion.  I  entertain  no  doubt,  however, 
but  that  the  decrees  will  be  for  foreclofing  the  mortgages  and  the 
payment  of  the  money  fecurcd  by  them.  It  may  he  obU  rved,  upon 
the  whole,  that  there  have  been  temporary  delays  in  fome  of  the 
courts,  attending  tlie  recovery  of  dcl)ts  of  the  defcription  before  men- 
tioned, bf.t  it  is  certain,  that  m.uiy  judgments  have  been  rendered  io.- 
them,  and  m.jv.iea  p:.!.!,  I)y  means  of  compulfory  procefj,  in  piirfu- 
ance  of  thofc  jv.dgiv.:ntr..   I  am  njw  in  great  haftc.   If  any  further  in- 


C    137    3 

mation  vrltltin  my  knowledge  be  ncccd'aryf  I  fliall  take  plcafur«  |i| 
communicating  it,  upon  rcqiiell. 

I  am,  fir,  with  very  gicat  refped, 
Your  obt^dient  fervant, 

WM.  B.  GIL?J|, 


Sir, 


No.  5+. 
3K)fATK  Ckamher,  13th  April,  1793' 


I  HAVE  heard  of  but  few  fuitg  brought  by  Dritlfh  creditorsi 
jincc  the  pcacf,  for  the  recovery  of  debts  in  the  ftate  of  North  Caro? 
lina,  and  n«ver  heard  that  any  one  had  failed  of"  a  recovery,  becaule 
he  was  a  B;  itifli  fuLjjtl.  In  one  inftancc,  where  a  fuit  was  inlliiuted, 
and  in  my  direction,  for  he  recovery  of  a  debt,  contiiiCled  ia  1 768, 
at  which  time  the  jilainiiff  returned  to  Great  Britain  and  has  been 
rcful<'Mt  in  London  from  that  time,  a  rj:ovcry  was  had,  in  tlie  fu- 
perior  court  at  Edcnton,  in  April  lalt,  for  the  full  valur,  nor  v.as  it 
any  part  of  the  defence,  that  the  plaintiff  was  a  Britlfli  fubjcift, 
thi»'igh  the  faiif  was  notorious.  The  parties  were  Alexander  KlmUcy 
againd  Stcphe  .  I^''c*s  executors. 

The  caft  of  Bayind  agauill  Sinf!;icton,  as  I  recolleft  it,  was  this: 
M»-.  Cornell,  the  father  of  M;,  Bayard,  was  a  merchant  in  the  towi^ 
of  Ni'wbern,  in  No;th  Carolina  ;  fome  time  previous  to  the  de  -'ara- 
ti'-i  of  indtpcndence,  he  went  to  Eur'. pi*,  leaving  his  family  in  Ne\y- 
bcr  ,  and  after  that  rciurn'^d  from  Europe  to  New  York,  ti'.cn  a 
B>:'  !h  ;^3rrifon  From  New  York,  he  cause  to  Newbern  in  a  flaj:^  of 
^rut  ,  but  the  aff-mbly,  flicii  fitting,  riajfed  to  permit  him  to  cnnjc 
on  til  re,  unicis  he  would  lake  an  calh  of  alleciunce  t )  the  Hate, 
whii  Is  he:  refiifed.  While  on  ')oard  th<?  vcllel,  in  tlie  huljoiir  of  N.w- 
bciu,  lie  conv.ycd  the  whole  of  liif.  ednte  in  North  Carolina,  to  h;8 
cliiKheii  rel'pe(ftively,  by  fcveral  deeds  of  ^ift,  which  were  duly  prov» 
ed  and  rjglflercd.  Mr.  Ci)riiei!  rh'.  ii,  witii  the  permilhon  i.f  the  -."xc- 
cutive,  repioved  his  wife  and  chii.l.ten  10  New  Vnrk.  All  Mr.  Cor- 
nell's ellale  was  afterwards  declared  to  be  conlifcr.tcd,  by  a  \  'i  -if. 
fembly,  and  nil  the  property  which  Mr.  Conil^l  had  conveyed  to  his 
cliiMr.'n,  wap  feizcd,  and  lold  by  comnulKoners  appointed  for  the 
fale  Oi  confiicated  elbites. 

Mr.  Singleton  became  a  purchafer  of  part  of  it.  Under  this  fale, 
one  of  Mr.  Cornell's  daugliters,  wlio  claimed  that  part  ur^der  one  of 
the  above  mentioned  cunveyancv  s,  inlHtuted  an  ejccfr.ient  for  the  re- 
covery of  it,   and  on  trial,  a  verdict  was  given  for  the  defendant. 

I  ihojdJ  hnve  done  myfelf  th*-  pleafure  fooner  to  have  anfwjred 
your  q"i<M-'ci,  had  I  not  parted  w':h  your  notes  immediately,  and  did 
pot  get  them  back  till  this  moruin^^ 

I  am,  &-c. 

SAME.  JOHNSTON 


Sii 


r  138  } 

No.  if^.  A. 


^% 


IN  anfwcr  to  your  qurftions  relating  to  the  recovery  of  certain 
debti  in  South  Carolina,  I  have  the  honor  of  informing  you*  that  it 
is  thought  that  feviral  inllances  of  judgment  for  Britiih  debts  have 
occurredy  but  for  want  of  time  to  procure  dirc^  official  information 
from  South  Carolina,  the  only  tnttance  which  can  now  be  afcertain- 
ed  hn;rc,  is  of  the  houfe  of  Powel,  Hopton  Sc  Co.  having  obtained 
judgment  againft  a  citizen  of  South  CaroUna,  for  a  debt  contra£bed 
previous  to  the  war. 

Mr.  Brailiford  one  of  the  partners  in  this  company,  redded  during 
the  war  in  Great  Bntain,  but  is  now  a  refident  in  South  Carolina  ^ 
the  other  partners,  MefFrs.  Powel  and  Hopton  both  withdrew  thenv* 
felves,  during  the  war,  to  the  BrltiHi  dominions,  and  arc  now  fub« 
jefts  of  his  Britannic  niajclly.  An  inttancc  of  a  fuit  in  chancery  hav- 
ing been  commenced  and  now  pending  between  the  Britifh  houfe  of 
t>hubrick,  and  a  citizen  of  South  Carolina,  for  a  difcovery  of  aflet?, 
can  likewife  be  afccrtained  here ;  and  will  tend  to  prove,  that  Britifh 
fubjefts  have  free  acctTs  to  the  courts  of  South  CaroUna.  Neither 
can  any  a^  of  the  legiHature,  making  a  difcrimination  between  their 
own  citizens  and  the  fubjed^H  of  Great  Britain,  in  this  particular,  be 
adduced,  except  on  the  queition  of  intereft  during  the  xvar,  which 
by  their  A&.  is  referved  for  judicial  determination.  They  feem  there- 
fore to  have  confidered  the  4th  article  of  the  treaty  of  peace  as  im- 
porting nothing  more,  than  that  the  fubje^s  of  his  Britannic  majefty 
Ihould  receive  as  ample  and  as  fpeedy  juilice  in  the  recovery  of  their 
debts  as  their  own  citiz  ns : — in  confunnity  to  which  principle,  their 
regulations  concerning  the  recovery  of  del)ts  have  been  eftablifhed. 

The  new  federal  conititution  Is  now,  however,  adopted  by  that 
l^ate,  and  the  federal  courts  are  in  the  excercife  of  theh"  powers. 

Paper  money  is  no  longer  a  tender  in  payment  of  debts,  and  the 
3d  fedlion  of  the  9th  article  of  their  ftate  conllitution,  formed  in 
June,   1790,  declares,  that  no  law  impairing  the  obligation  of  con- 
trails, rtiall  ever  be  pafTed  by  the  legiilature  or*!.e  ftate. 
I  li.ivf  the  honor  to  be. 

With  (ci)timentti  of  the  utmoft  confideration  andrefpeA, 
Sir, 

Your  mod  obedient   and 
moil  humble  fervant, 

THOMAS  PINCKNEY. 
PHitADri-PHiA,  9th  May,  1792. 

The  Secrelary  nf  Slate, 


No.  $^.  B. 
Extrafl  of  a  Letter  from  Ednx  ard  Ruiled^Ct  Efq. — dalcd  Charlejon, 

261  h  Mity^   1792. 
YOU  know  I  am  not  fond  of  the  attofffliy'a  bufinefs,   and  do  but 
little  of  it;  liowever,  in  my  own  pr«6tice  1  can  furuilh  fcvcrol  in- 


iA 
jut 

refl 

chij 
it  tl 
inoi 
thel 

ider 
pa 

inci 
in 


hfj. 


t     IJ9    1 

inces  of  ai^ioni  having  been  brought  by  Bi-ltifh  fubje£ls,  for  debt! 
tdue  to  them  before  the  war,  by  Amcricaa  citizens,  and  carried  to 
judgment. 

The  Rev.  Mr.  Conrper,  who  in  the  ftrft  commencement  of  the  war, 
refufed  to  take  the  oath,  and  went  off,  brought  an  a£iion  againft  MeU 
chier  Gamer,  executor  of  William  Gamer.  I  brought  it,  prfufccuted 
it  to  judgment,  and  iflued  execution—the  eftate  inio;vent  becaufe  hits 
moveable  property  was  carried  off  or  dcilroyed  by  the  Britifli  during 
the  war. 

Powel,  Hopton  and  Co.  vs.  Gaillard-'— I  carried  this  to  judgment, 
idem,  vs.  Godfrey,  1  carried  to  judgment  and  execution,  and  the 
pa  ty  fatisfied — i.  e.  received  fati-'atkory  payments. 

James  Simpfon  vs.  executors  of  Major  Hugcr,  Bay  attorney,  judg* 
rocnt  and  execution-^ Rofs  and  Mills  vs.  John  Deas — debt  on  bond 
in  1773,  for  a  real  BritiHi  debt  with  Britifh  merchants  who  were 
nevev  in  this  country.  I  carried  it  to  judgment.  After  th,i  deatli  of 
Deas  the  executors  applied  to  Mr  Penman,  who  was  the  agent  of 
Rofs  and  Mills  for  permifllon  to  fell — he  gave  perm iillon-»t hey  fold 
>— he  bought  a  plantation,  which  Mr.  Lowndes  took  off  his  hands, 
and  gare  the  bonds  of  John  Middieton  in  payment,  the  balance  of 
the  debt  was  difchargcd  to  the  fatisfuflion  of  Mr  Penman,  and  I,  as 
attorney  on  record,  entered  up  fatisfa^ion— this  cafe  goes  the  whole 
length  of  the  bufmefs. 

And  I  aver  that  there  is  not  a  fingle  inftance  to  be  produced, 
Mrheretn  a  Britifh  creditor  of  any  defcription  has  met  with  more  im- 
pediment in  the  recovery  of  his  debt,  than  our  own  citizens.  The 
queftion  of  intereft  has  not  yet  been  tried,  but  wc  were  ever  ready  to 
try  it. 


Sik, 


No.  56, 


IN  anfwcr  to  your  note  of  the  i6th  inftant,  we  muft  fay  that 
we  know  of  no  initance  of  a  recover)'  in  the  ilatc  of  Georgia  by  a 
Britifh  creditor  againft  his  debtor  ;  we  fay  with  equal  truth,  tl-.at  v.  e 
know  no  initance  of  any  judgment  againd  fuch  recovery  fiiicc  tin*  r\- 
tiHcation  of  \he  treaty  of  peace,  as  the  creditors,  iuttead  of  rcfurtin^ 
to  the  law,  have  fettled,  or  avx-  In  a  courfe  of  fettling,  in  an  amicable 
way  with  their  debtors  :  ana  we  are  Hill  further  able  to  ad'ure  yi'U, 
that  the  federal  couit  is  as  open  and  unobllruded  to  Britiih  creditors 
in  Georgia,  as  in  any  other  of  the  United  States. 


April  2  5'Lh,  179»» 
Tho.  Jeffcrfon,  Efq> 


With  great  rcfpccl,  we  arc,  &c. 

W.  FEW, 

J.  GUNN, 

ABR    BALDVvMN, 
^  F  R  A  N  S.  W  I  L  L  I  iJ. 


i^-^ 


t  .46  j 

No.  57.  ^ 

itxtraa  of  a  Lcllcr  frtm  tin  Honorable  John  yiJamtf  Efq.  Mitiifler 

Plenipotintiaiy  of  the  Unite  J  Slates  of  Amer'ua^  at  the  Court  of  Great 

Britain^    to  the  Honorable  jfohn  jay^    Efq.   Secretary  for  Foreign 

jljfairs— dated  Grofvtnor  Square,  June  \  6th,   1786. 

LORD  Carmarthen  told' me  ycllerday  "That  he  had  letters  from 
Mr.  Anllcy  mentioning  his  civil  reception  :"  A  long  con-effiition 
enftlcd  upon  the  fubjcd  of  the  pofl»,  debts,  8cc,  little  of  which,  be- 
ing new,  is  worth  repeating.  The  pt^licy  of  givirtg  up  the  intcrcft 
during  the  war,  and  of  agreeing  to  a  plan  of  payment  by  inftalments^ 
Was  again  infifttd  on,  from'  various  confiderations,  particularly  from 
ihe  evident  injudlce  of  demanding  intercll  for  that  period.  It  wat> 
iir^ed  that  the  claim  of  intercft;  in  moft  cafes,  was  grounded  upon 
cuilom^  and  the  mutual  un^eribnding  of  the  parties  ;  but  that  it  ne- 
ver had  btcn  the  cuftom,  nor  had  it  ever  been  undcrftood  or  forefeen^ 
that  an  a£^  of  parliament  fhould  be  pafled,  calling  the  American 
debtor,  out  of  the  protection  of  tht  crown,  cutting  off  all  correfpond- 
Cnce  and  rendering  all  intercourfe  criminal ;  for  that  was  the  refult 
and  the  legal  conitrudion  during  the  whole  war. 
.  Here  lus  lordAiip  fully  agreed  with  mej  and  even  out-went  me, 
iayir.g,  that  *'  It  was  fry  true,  that  by  conlliti£lion  of  the  law  of 
tiiis  land,  it  waa  lagtb  i  .uion  in  a  creditor  in  Great  Britain  to  receive 
ii  remittance  fron.  V'i  drbtoi  in  America  during  the  war."  His 
lordihip  ?dtfrH  ibmt  1  »jri  :  expreflions  concerning  the  intereft^  and 
Wiflied  ih»  lie  c«u  *t8  verc  opened  for  recovering  the  principal  1  Wc 
hiigbt  lea<  c  the  btf  ifV  for  au  after  confiderations 

No.  58. 
Extras  of  a  Lnher  from  the  Comm'iffioners  of  the  United  States,  for  «r- 

gociating  a  Pea^e  with  Great  Britaih,  to  D,  Hartley,  Efq. — dated 
■  ^afy,  July  I'jth,    1783. 

W£  are  alfo  inftvuCted  to  reprefent  to  you,  that  many  of  the  Bri« 
ii(h  debtors  in  America,  have  in  the  cotirfe  of  the  war,  fudained  fuch 
tonfiderable  and  heavy  loffes  by  the  operation  of  ihe  Britifli  arms  in 
that  country,  that  a  great  number  of  tli«  m  have  been  rendered  inca- 
pable of  immediately  fiitisfying  thoie  debts  :  We  refer  it  to  tlie  j  <  I»  e 
and  equity  of  Great  Britain,  fo  far  to  amend  iho  article  on  that  fub- 
je6l,  as  that  no  Execution  (hall  be  ifliied  on  a  judgment  to  be  obtained  in 
any  fuch  cafe,  but  ^fter  the  expiration  of  three  yc^.rs  from  the  d?.te 
of  the  definitive  treaty  of  peace.  Congrcfa  alfo  tiiinit  it  reafonahlc 
that  fuch  part  of  the  intereft  which  may  haveaccrued  on  fuch  debts 
during  tlie  war,  (hall  not  be  payable,  bccnufe  all  inUrcourfc  between 
the  two  countries,  had,  during  that  period,  I  t'omc  unpradt!  cable  as 
Well  as  improper  ;  it  does  not  appear  jull  that  iidividuals  in  America 
fhouki  pay  for  delays  in  payment  wliich  were  jtcafioncd  by  ilii:  civil 
and  niilltaiy  intafurts  of  Great  Britain. 

In  our  opinion  the  intereit  of  the  creditors  as  well  as  the  debtors, 

.  requires  that  fomc  tmdernef^  he  Ihovvn  to"^  latter,   and  that   they 

i'hculd  tc  nllcued  a  t:;tle  time  to  acnuire  the  means  of  difcharging 


f 


iCCIVC 

His 
and 
We 


t    HI    3  •  * 

aei}t3,  whUt  in  many  inftances,   exceed  the  whole  amount  of  tlietr 
)>roperty. 

No.  59. 
Extras  of  a  Later  from  Wittiam  Rawie,  Efq.  Attomty  of  the  United 
Stately  for  tije  Diftria  of  Pennfyivania,  to  the  Secretary  of  5/<I/^— 
dated  April  ^tht   1792. 

I  ENC  LOSE  a  copy  of  the  docket  entries  in  the  cafe  of  Hoare 
vs.  Alien,  which  ihovv  that  the  phiintiff  acquicfccd  jn  the  vcrdid  giv- 
en, and  that  the  whole  mortgai;ed  prupcity  did  not  icU  for  half  hit 
debt.  The  plaiiitifif  in  thia  cafe  was,  and  is  aliu>  a  fubjcfi  of,  and 
^cfidcnt  in,  Grtat  Britain. 

The  court  in  this,  as  they  have  done  in  every  fimilar  cafe,  dire£te<i 
the  jury  to.dedu^k  7  1-2  yt-ars'  intercft.  The  juiy  however,  deducted 
812  years'  intcrclh  It  the  plaintift  had  moved  the  court  on  the  re- 
turn of  the^o/?<vi,  a  new  trial  Wi)uld  have  been  granted,  or  as  the  fum 
ivas  certain,  it  is  prububle  the  court  would  have  recommended,  ana 
the  parties  have  made,  the  ncccflar)*  altci  aiion  in  the  judgment. 

I  have  the  honur  to  be, 
Sir, 

Your  mod  obeulcnt 
Humble  fci-vant, 

W.  RAWLE. 
Samuel  Hoare,  v/.         *)  .         '^      ' 

Andrew  Allen,  jun.  and  >  In  the  Supreme  Court  of  Pennfyhanuik 
the  true  tenants  of  Pi  Iceland,  j 
Removed  by  certiorari  from  the  common-pleas  of  Chcfter  county— > 
returnable  to  January  term,  1 788. 


>r9, 
Vtey 
ling 


At  nifi  prius  at  Weft  Chefter,  8th  May,  1789,  tried  vfrdift  for 
tiie  plaintitf,  and  jury  certified  to  the  court,  that  the  debt  due  on  this 
adion  by  the  dcfeiiJauts  to  the  plaintitf,  amounted  to  thirty>feven 
thoufand  one  hundred  and  nine  pounds  and  one  penny,  and  found 
(ix  pence  damages  and  fix  pence  colls,  belides  the  coils  expended, 
ad  July,  1789,  Judg.  nifi,  from  the  records,  pr. 

GEO.  DAVIS,   for 
EDW.  BURD,  Prothon. 

I  ceitify  that  a  levari  facias  itTued  upon  the  above  judgment  rr- 
turnabie  to  September  term.-  one  thoufand  feven  hundred  and  eighty- 
nine,  and  by  virtue  thereof,  the  (heiilF  feizcd  and  took,  in  execution 
ten  thoufand  one  hu-uln  d  and  lixtccn  acres  of  land,  being  the  pre- 
mifcs  niorigaged,  and  afterwards  fold  the  fame  at  public  vendue  for 
the  futn  of  fifteen  thoufand  pounds,  lawful  money  of  Pennfyivania) 
to  Samuel  Hoare,  he  being  the  highcft  and  beft  bidder. 
Witwefs  mv  hand,  the  7th  April,  1792. 

GEO.  DAVIS,   for 
EDW.   BURD,  Prothon. 


C     «4.    ] 

No.  60. 
}^xtra8  9/ •  Letter  9f  March  i$ibt  l^B9,  from  the  Bi-itifi  Con/ul  tt 
PbiiaJelphia,  to  the  Prefident  of  Pennfjlvanta» 
"THE  fcttlcment  of  intoreft  on  debts  due  to  Britiih  merchanti^ 
hcrct  antecedent  to  the  late  troubles,  has  already  been  a  fiibjeA  of 
fome  dticuffion  in  the  courts,  and  will,  I  prefume,  be  deemed  by  your 
excellency  and  the  council,  a  matter  of  fo  much  importance,  as  to 
require  fome  particular  Icgiflative  intcrpofitioni  to  define  its  naturt 
and  extent." 

OhfcrvaHont  m  th<  preeettmg  Extract  fy  Wtltum  Lewitt  Efy*  jftttm^ 
tf  the  Dtfiria  of  Penafylvanm,  for  the  United  Staieu 

THE  Irgidature  of  the  year  t788,  did  not  think  themfelves  au- 
t&orifed  by  any  pn'nciplcs  of  found  policy  or  good  government,  to 
pafs  a  law  to  denne  the  nature  and  extent  of  contraSs  enteted  into 
more  than  a  dozen  years  before,  and  it  is  r^fonable  to  prefume  that 
fuch  a  law  would  have  been  complained  of  as  an  infradion  of  the 
treaty.  Every  pcrfon  has  been  left  to  purfue  his  remedy  at  law,  with- 
out any  particular  a£l  being  made  for  the  allowance  or  abatement  of 
intereft ;  and  as  the  queftion  has  altogether  depended  on  the  laws  of 
England,  the  conful's  acknowledgment  that  **  The  channels  of  juf- 
tice  flow  with  great  purity,  and  impartiality  in  Pennfylvania,  and 
that  the  laws  arc  faithfully  and  diligently  adminiftered/'  feems  to  be 
a  full  refutation  af.his  own  objcAion.  Since,  however,  the  obje£lion 
is  fo  much  infilled  on,  I  will  take  the  liberty  of  mentioning  fome 
faAs,  a  knowledge  whereof  may  be  neccflary  to  form  a  judgment  re- 
fpefting  it. 

I  believe  it  is  truly  ftated  by  the  confiil,  that  **  The  terms  of  con- 
tracts between  Dritifh  and  American  merchants,  are,  for  the  moft  part, 
of  this  fort.  Goods  are  fent  hither  to  be  paid  fur  in  one  year  }  after 
which  intereft  becomes  due  at  the  yearly  rate  of  5  per  cent."  This 
having  been  a  long  eitablifhed  ufagc,  has  fo  far  receive*]  the  fan6tion 
of  our  courts,  as  that  intercft  has  been  allowed  in  fucli  cafes  from  the 
end  of  the  year )  but  as  there  is  no  pofitive  law  for  the  allowing  of 
intereft  on  an  account,  as  the  claim  of  intcrell  by  Britifti  merchants 
frum  their  American  debtors,  was  founded  on  this  ufage  alone  |  and 
as  no  inftance  has  before  happened,  of  the  intercourfc  between  the 
people  of  Great  Britain  and  ot  America  being  interrupted  by  wsir, 
our  courts  held  the  cafe  tu  be  a  new  one,  to  which  the  ufage  did  not 
extend,  and  as  there  was  neither  I»w  nor  ufage  fur  allowing  intereft 
during  the  war,  that  is,  from  the  battle  of  Lexington,  in  April,  17751 
until  the  provifional  aiticlcs  ix-tv.cen  the  United  States  and  his  Bri- 
tannic majefty,  in  November,  1782,  it  has  been  generally  difallowed 
^uiui^  that  period. 

It*  the  debt  had  been  contra^cd  more  than  a  year  before  the  battle 
of  Lexington,  intereft  has  been  allowed,  I  believe  in  all  cafes,  from 
tlio  time  of  the  debt  becoming  due,  until  the  battle  of  Lexington, 
and  from  the  provifional  ani*.lc»,  until  the  time  of  payment.  The 
rule  has  been  reciprocrJ.    It  prevailed  in  a  trial  in  our  fuprcmc  courts 


Iwdr, 
not 

|775» 

IBri. 

»wed 


C     143    3 

wherein  t  cititen  of  a  neighbouriiifl;  ftate  was  plaintiiT  and  a  BntUh 
fubjc^t  defendanti  although  the  debt  had  been  contnidted  long  before 
the  war.  It  has  been  obferved  in  other  cafes,  aud  I  very  miich  doubt 
if  a  different  one  has  prevailed  at  Wcdminftcr-Hallf  in  a£iioDS  brought 
on  running  accounts. 

The  ju(^^  have  uniformly  and  without  hefitation  declared  in  favor 
of  the  treaty,  on  the  ground  of  its  being  the  fupremc  bw  of  the 
land.  On  this  ground  they  have  not  only  difcharged  attainted  trai* 
tors  from  arrcft,  but  have  frequently  declared,  that  they  were  ciw 
titled  by  the  treaty  to  pruteAion. 

I  am»  with  the  higheft  eileem. 

Your  muil  obedient,  and 

very  humble  fervaiit, 

WILLIAM  LLWia. 
The  Honorable  Thomas  JcfTerfon,  F.fj, 
Secreuiry  of  State  of  the  Un'ttai  States. 

Mr,  Hammond,  Mlni/ler  Plenipotentiary  of  Oreat  Briltunt  to  Mr,  Jef' 
ferfon.  Secretary  of  State  of  the  United  States, 

Phivapelphia,  June  3d,  \^^^• 
Sia, 

I  HAVE  the  honor  of  acknowledging  the  receipt  of  your  letter 
of  the  39th  ult.  which  I  (hall  tranfniit,  without  delay,  to  my 
court,  for  the  confidrration  of  his  mnjefty's  miniftcrs. 

The  matter  contained  in  your  letter,  being  fo  various  and  extenfivet 
I  fear  that  much  time  mufl  elafpe,  before  I  can  be  enabled  to  com- 
municate to  you  my  obfervations  upon  it.  You  may,  however,  be  af- 
fured,  that  I  will  ufe  every  exertion  to  avoid  unneceifar)'  procrai^i- 
nation. 

To  this  obfervation  you  will  permit  me,  fir,  to  add  that  fome  of 
the  principles,  which  you  have  advanced,  do  not  appear  to  me,  at 
the  prefcnt  moment,  to  be  entirely  relevant  to  the  fubjc6ta  adtually 
under  difcuflion  between  our  refpei^ive  countries :  And  the  difference 
between  us  in  our  ftatement  of  potitive  fads  is  fo  eflcntial  as  to  ren- 
der it  an  a£t  of  duty  to  nw  own  character,  to  vindicate  the  purity  of 
the  fuurces,  from  which  I  have  derived  my  information,  by  recurring 
to  them  for  corroborating  teftlmony.  If  there  exilt  any  points  upon 
which  I  have  been  mifinformcd,  I  will  moll  readily  acknowledge  my 
error  ;  but  I  trull,  upon  the  whole,  that  the  additional  evidence  with 
which  I  expert  to  be  fumifhed,  will  fully  fubllantiate  the  allegations 
I  hc.ve  made,  and  effc^ually  protect  me  from  the  imputation  of  ne- 
gligence, or  the  fufpicion  of  intentional  deception. 

Although  it  is  by  00  means  in  my  power  to  enter  into  an  immediv 
ate  examination  of  the  gcni'ral  contents  of  yoiit-  letter,  my  defign  of 
fending  it  to  England  induces  me  to  requeft  an  explanation  of  one 
pait  of  it,  which  refers  to  a  tranfadlion  that  yoii  ilatc  to  have  taken 
plice  i|i  that  country.  Towards  the  cunclufion  i>f  your  letter,  you  cite 
two  cafes,  which,  in  your  opinion,  controvert  my  pofitioti  that  **  in 
the  comtf  ef  laW|  in  Great  13nt4in,  thecitizcu^  of  the  United  Statcsi 


C     144    3 

have  experienced,  without  excfption,  the  fame  protection  and  impar- 
tial diil  ibution  of  jullice  as  the  fubje6ts  of  the  crown."— .With  re- 
fpe6t  to  the  former  of  thofe  cafes  (that  of  the  fum  of  money,   ilic 

Jiroperty  of  the  ftate  of  MaryUnd,  and  detained  in  England)  1  love 
bme  general  notion  of  the  particulars  of  it. — But  in  rc^rd  to  the 
latter  cafe,  I  have  no  knowledge  of  it  whatfoevcr.  I  therefore  intreat 
vuii,  fir,  to  have  the  goodnefa  to  inform  me,  whether  the  judge  of 
the  court  of  king's  bench,  to  whom  you  alhide,  delivered  the  opini> 
on  of  the  court,  in  the  general  terms  which  you  have  employed,  viz. 
•*  that  a  e'ltizen  nf  the  United  States ^  who  has  delivered  j^".  43,000  fterr 
ling  worth  of  Eaft  India  goods  to  a  Briti(h  fubjeA  at  Oftend,  receiv- 
ing only  ;^.  18,000  in  part  payment,  is  not  entitled  tu  maintain  an 
aaion  for  the  balance,  in  a  court  of  Great  Britain,  though  his  debtor 
be  found  there,  is  in  cuftody  of  the  court,  and  acknowledg(.s  the  fac^s.'* 
I  mud  own,  fir,  that  even  from  your  ftatcment,  I  am  inclined  tu 
infer,  that  the  circumftance  of  Greene's  being  a  citizen  of  the  United 
States,  had  no  connexion  with  the  decifion  of  the  queftinn ;  and 
that  the  fame  judgment  would  have  been  given  in  an  a^ion  of  a  iiml- 
lar  nature,  depending  between  two  fubjetts  of  the  crown  of  Great 
3ritain. 

I  have  the  honor  to'be,  fir,  &c. 

GEO.  HAMMOND. 


1^      To  the  Minifier  Plenipotentiary  of  Great  Britain, 

Philadelphia,  June  I9tb,  1793* 
Sir, 

IH  A  D  the  honor  to  addrefs  you  a  letter,  on  the  29th  of  May 
was  twelvemonth,  on  the  articles  ftill  unexecuted  of  the  treaty 
of  peace  between  the  two  nations.  The  fubjeci  was.  extenfivc  and 
•important,  and  therefore  rendered  a  certain  degree  of  delay,  in  the  re- 
ply, to  be  expelled.  But  it  ha^  now  become  fuch,  as  naturally  to 
generate  difquietude.  The  intercil  we  hare  in  the  wedern  pofts,  the 
blood  and  treafurc  which  their  detention  cofts  us  daily,  cannot  but 
produce  a  cdrrerpondenr  anxiety  on  our  part.  Permit  me,  therefoij;, 
to  aflc,  when  I  may  expeti^l  the  honor  of  a  reply  to  my  letter  ?  and 
to  afliire  you  of  the  fentiments  of  refped,  with  which  I  have  the 
honor  to  be,  fir,  yours,  &c. 

TH.   JEFFERSONv 


JMr,  HammonJt  Minifier  Plenipotentiary  tf  Great  Britain^  to  Mr.  Jef' 

jerfany  Secretary  of  St.tte, 


Sir, 


Philadelphia,  20th  June,  1793* 


IH  A  V  E  duly  received  your  letter  of  yeftcrday.  In  a  writtv'n 
communication,  which  I  had  the  honor  of  (tddrcfliug  to  you  on 
the  2d  of  June,  1792,  andalfo,  in  a  converfaticn  which  1  had  with 
yoU  on  the  following  day,  I  afTured  you,  that  I  (hould  lofe  no  tim« 
in  conveying  to  tl^e  kiug's  miniliers  in  England;  your  reprefcntation, 


tlic 

C 

prii 

lO, 
(hot) 

lion 

hithi 

*vhi< 

have 

:ittr:i 

h.'ve 

perl 

Ihali 


C     145     3 

<!..lcil  tht  2.)lh  of  M.iy;  r..Kl  ft  wai,  in  fitTt,  TorwArJcJ  to  them  in 
lilt.'  C'iUrl.;  of  fomc  f.rv  diiyn  aftcrwiiriU. 

O.)  the  roccljit  of'  that  paper,  1  was  inf.irmcii,  by  h:«  majclly'a 
principal  fvcr^tary  of  ilut.*,  that  it  w  mid  Bl-  t\kci\  into  imm.cliate 
I  on  •  .ati'fi,  nt'tl  that  after  it  had  hcen  thoroughly  examined,  I 
Ihou'  !  nc  ivc  iom.  farther  iiidniclionH  relative  to  it.  The  tranfmlf- 
lion  of  thofc  inilriK^ionit,  which  I  daily  cxptre^,  lias,  I  prefiime, 
hithttt'i  btcii  d'l lycd,  in  confequv iicc  of  thv  very  inicrcfting  evcuta, 
whi«  !i,  fiiu-c  the  receipt  of  it,  have  occurred  in  Europe,  and  which 
have  hetii  iff  a  natisre  fo  prill hijt  nnd  important,  as  probably  td  have 
Jittrafted  iIm  wIjoIc  aiteittion  of  hia  nuijelly's  niinillen*,  and  thus  to 
h?ve  diveried  it  f»oiii  i>bjei*:ts  that  are  unire  remote;  and  that,  may» 
perhaps,  have  b:en  r.  !;arded  as  fomcwhat  lefs  urgent.  Whenever  I 
ih.ili  l.arii  his  mij.:!)'  pleafurc  on  he  fiibjccl  of  your  reprefent:'tion, 
you  may  drpetid,  fir,  on  I'penlMy  receivinj;  my  reply;  to  the  prepa- 
rat'on  of  which,  but  little  ■  ne  will  be  r  »;uiftte  on  my  part,  as,  in 
ciM'fcquence  of  my  cxtrtituit-  the  ptnptil',  I  haveaheady  e.dledtcd, 
ill  ;'ii  i  eoantiy,  the  evulciuv;  .uetffuy  to  fuhllantidtc  moll  of  the 
princip:.)  facts  advanicd  in  my  Ihjl'incnt  of  the  5th  uf  Man.h,  tc* 
which  tint  repicfeiitaiiun  was  iiirtiuled  as  au  anfwer. 

There  is  one  pafTu^v  in  your  Ltt.r  of  yelUrday,  fir.  which  it 
boc.imes  me  to  take  fome  iiutice — The  pafr.i;je  1  aUudi  to,  is  that 
whciiin  you  mention  "  th^  blood  and  tveafnre  which  the  detention  of 
the  werteni  pofts  cofts  the  United  St.it es  daily."  I  cann«)t  tafily  ( on- 
jt'  ture  the  motives  in  which  this  declaration  has  t»ri^;inated.  Alter 
fhe  evidence  thai  this  giwernmcnt  has  repeat  dly  nceived,  of  the 
ftr!«Sl  neutrality  obferved  l»y  the  kiiijj's  pcwcriioi  of  Canada,  during 
the  prtfent  contell  bitweci  the  United  States  .t  id  tite  ItulIanH,  and 
of  the  difpoiltioii  of  thoiv  oRiceij  to  facilitate,  n  far  as  may  be  in 
their  power,  any  negoei  itions  for  peace,  I  will  not,  for  a  moment, 
fm  igiiiv,  that  the  e\prcni.)ii  I  have  cited,  was  int^-nded  to  convey  tlu! 
iiiUiuation  of  their  havin^r  pmfiicd  a  dillercnt  conduct,  or  that  it  had 
any  reference."  t.>  thofe  alleil-o.j ;,  \Auc.h  lr.w  been  lately  di.Teminated, 
v.th  move  thim  iif.ial  inil  ;llry,  through  the  public  prints  in  this  coun- 
try, lh;;t  the  wcitern  pa!is  In-,  e  b-:en  uful,  l»v  tlie  government  of  Ca- 
nada,  as  the  medliiin  of  fup^lyin^  military  itores  to  the  Indiana  now 
enjifn.^tdin  wir  with  ihi,  'eJnitcd  Si  ale;. 

1  <  111  afliire  yo.',  fir,  that  If  the  delay,  on  the  part  of  my  country, 
uy  tti>'  ex.c'ition  of  certain  arlicles  of  th'-  treaty  of  peace,  is  fuch  at» 
t.>  create  difquietude  in  th'igovcrnm.'ut,  I  alf)  experience  fi;  .liar  im- 
p.efii.)in,  \v;;h  refped  to  tlMiV  ptti-'les  wiiicli  havv,  hitherto,  not  been 
carried  into  cftVct  by  the  U  illtd  Stat* ■« ;  a»  I  am  perpetually  receiv- 
in!j  conpl.'ints  tVom  ilie  iirililh  creflicor.;,  and  their  a;;ents  in  thi.< 
counti  \ ,  of  ih-'Ir  inability  to  procure  leg  d  addrefj  in  tiny  of  the  couita 
of  law  iii  one  or  two  of  lii :  loiithcrn  ihites  ;  in  wliieh  (latea,  the 
j^itateft  pn.t  of  the  del  t  rt-inalnin^  due  to  the  fni>i'''ts  of  (Ircat: 
Britain,  Hill  co'.itiu!'  j  to  exiil  in  the  fame  conuiliou  aa  that  in  wtacil 
it  was  at  the  coneluiioncf  the  war. 

I  have  the  honor  to  be,   with  great  rcfpe^l, 
Kli-,  your  moll  obedient  ftivant, 

U  u  GEO.  HAMMOND. 


> 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


// 


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1.25 


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^ 


FhotogFaphic 

Sciences 
Corparalion 


23  WIST  MAIN  STRUT 

WIBSTU,N.Y.  14560 

(7l6)t72-4S03 


0 


t     14^    ] 

Mr,  Jefferfon,  Setretary  of  States  to  Mr.  HammoHtlf   Mini/ier  Pkmpt" 

tentiary  of  Great  Britain, 

Germantown,  November  13th)  1793. 
Sir, 

IN  a  letter  which  I  had  the  honor  of  addrefling  you  on  the  1 9th  of 
June  laft,  I  afked  for  information,  when  we  might  cxpedt  an  an- 
Iwer  to  that  which  I  had  written  you  on  the  29th  of  May  was  twelve> 
month,  on  the  articles  Hill  unexecuted  of  the  treaty  of  peace  be- 
tween the  two  nations. 

In  your  anfwer  of  the  next  day,  you  were  plcafed  to  inform  me, 
that  you  had  forwarded  the  letter  of  the  29th  of  May,  1792,  in  the 
eourfe  of  a-  few  days  after  its  date,  and  that  you  daily  exped^ed  in- 
.  ftru£^ions  on  the  fubje^  }  that  you  prefumed  thefe  had  been  delayed 
in  confequence  of  the  very  iuterefting  events  which  had  occurred  in 
£urope,  and  which  had  been  of  a  nature  fo  prefllng  and  important, 
tiA  probably  to  have  attra£led  the  whole  attention  of  your  minifters, 
and  thus  to  hdve  diverted  it  from  cbJe<Sts  more  remote,  and  that,  mighty 
perhaps,  have  been  regarded  as  fomewhat  lefs  urgent. 

I  have  it  again  in  charge,  from  the  prefident  of  the  United  States, 
to  afl<,  whether  we  can  now  have  an  anftver  to  tne  letter  of  May  29^ 
tK'fure  mentioned  \ 

I  have  the  honor  to  be,  with  great  refpeft, 
Sir, 
Your  moft  obedient. 

And  moft  humble  fervant, 

TH.  JEFFERSON* 


Mr,  HaihmottJf  Mini/fer  Plenipotentiary  of  Great  Britain,  to  Mr,  Jef- 

ferfon,  Secretary  of  State, 

Landsdown,  22d  November,  1793. 
$tft, 

IN  anfwer  to  yoiSr  letter  of  the  1 3th  current,  I  have  the  honor  of 
informing  you,  that  I  have  not  yet  received  fuch  definitive  ia- 
llruAions,  relative  to  your  communication  of  the  29th  of  May,  1792, 
&s  will  enable  me  immediately  to  renew  the  difcuflions  upon  the  fub- 
jeA  of  it,  which  have  been  for  fome  time  fafpended. 

I  can,  however,  repeat  with  confidence,  my  conviction,  that  the 
continuance  of  the  caufe,  to  which  I  alluded  in  my  letter  of  the  adth 
of  June  laft,  and  no  other,  has  protraded  this  delay  to  the  prcfent 
period. 

I  have  the  honor  to  be, 

With  fcntiments  of  great  rcfpeft, 
Sir, 
Your  moft  obedient, 
humble  fervant, 

GEO.  HAMMOND. 


t  147  ] 

itr.  Jefftrfrriy  Secretary  of  State,  to  Mr.  Pinciniy,  Minifter  Pknip** 
tentiary  from  the  United  States  lu'tth  Great  Britam. 

Philadelphia,  September  7th,  1793^ 
Sir, 

WE  have  received »  througU  a  channel  which  cannot  be  confi^ 
dered  as  authentic,  tV  copy  of  a  paper,  ftyled,  **  Addt- 
tional  iiiftrudlions  to  the  commanders  of  his  majelly's  (hips  of  war, 
and  privateers,"  &c,  dated  at  3t.  James's,  June  8th,  J793.  If  this 
paper  be  authentic,  \  have  little  doubly  but  that  you  will  have  taken 
xneafurcs  to  forward  it  to  me.  ^ut  as  your  communication  of  it  may 
xnifcarry,  and  time,  in  the  mean  while,  be  Ipft,  it  has  been  thought 
better  that  it  fhould  be  fuppofed  aijthentic ;  tha{,  on  (hat  fuppofitioii 
I  fhould  notice  to  you  its  very  exccptionabje  nature,  aqd  the  necef$« 
ty  of  obtaining  cxplana,tion3  on  the  fubje^  from  the  Britifh  govern- 
ment \  dcfiring,  at  th^  fame  tim^,  that  you  will  cpnfideir.  this  letter 
as  provifipnally  written  only,  and  as  if  ijever  written,  iij  the  event 
that  the  paper,  \vl)ich  i«,  the  occaHon  of  it,  be  not  genuine. 

I'he  ill  article,  of  it  pennits  all  veflels,  laden  wholly,  or  in  part* 
with  com,  flour,  oi^  meal,  boun4:to  any  P^rt  in  Francci  to  be  llop- 
ped,  atnd  fent  if.to  any  Britiih  port,  to  be  purchafed  by  that  governr 
inent,  or  to  be  releafed  only^  on  the  condition  of  fecurity  given  by 
the  maftcr,  that  he  will  proceefl  to  difppfe  9f  hi$  car||;o  in  the  ports 
9f  fome  country  in  qmity  <with  Bis  maje/ly. 

This  article  is  fo  manifeftly  contrary  to  the  law  of  nations,  that 
nothing  more  would  feem  necefiary,  than  to  obferve  that  it  is  fo, 
^eafon  and  ufage  have  eilablifhed,  that  when  two  nations  go  to  war, 
tnofe  who  chule  to'  live  in  peace,  retain  their  natural  right  to  purr 
fue  their  agriculture,  manufaftures,  and  other  ordinary  vocations;'  to 
carry  the  produce  of  their  indul^ry,  for  exchange,  to  all  nations,  bellir 
gerent  or  nf:utral,^  as  ufual ;  to  go  and.  come  freely,  without  injury  or 
moleitation  ;  and,'  in  fhort,  that  the  war  among  others,  (hall  be,  for 
them,  as  if  it  did  not  exift.  One  reflridiun  on  their  natural  rights,  has 
jbeen  fubmitted  to  by  nation^  at  peace ;  that  is  to  fay,  that  of  not  furniOi<: 
ing  to  either  party  implement^  merely  of  war,  fpr  the  annoyance  of 
^he  other,  nor  any  thing  whatever  to  a  place  \}lockaded  by  its  enemy. 
What  thefe  implemep^s  of  war  arc,  h^s  been  fo  often  agreed,  ancl 
is  fo  ifell  underfipod,  as  to  leave  little  queftion  about  them  at  this 
day.  There  does  pot  exiil,  perhaps,  a  nation  in  our  common  hemif* 
phere,  which  has  iiot  made  a  particular . enumeration  of  theip,  in 
Ibme  or  a}l  of  their  tf(?|tties,  under  the  nairpe  of  contraband.  It  fuf- 
.^ces,  for  the  prefent  occailon,  to  fay,  that  corn,  ilour,  and  mealy 
are  not  of  the  clafs  of  contraband,  and  confequently  reniain  articles 
of  free  commerce.,  A  culture  which  like  that  of  the  foil,  gives  em- 
ployment to  fuch  a  proportion  of  mankind,  could  never  be  fufpend- 
ed  by  the  whole  earth,  or  interrupted  for  them,  whenever  any  twa 
nations  Ihould  think  proper  to  go  to  war. 

The  ftatc  of  war,  then  exifting  between  Great  Britain  and  France^ 
furnilhes  no  legitimate  right  to  cither  to  interrupt  the  agriculture  of 
the  United  States,  or  the  peaceable  exchange  of  its  produce  with  al)^ 


'[     148    3 

nations ;  and  conffquentljr,  the  aflTumptlon  of  it  will  be  as  latrftj 
hereafter  as  now,  in  peace  as  in  war.  No  ground,,  acknotvl edged  by 
the  common  reafoo  of  inankind,  aiitliorifes  this  aft  now,  and  unac- 
knowledged ground  may  be  taken  at  any  time  and  all  times.     We 
fee,  then,  a  pratlice  begun,  to  which  no  time,   no  circumftances, 
prefcribe  any  limits,  and  which  ftrikts  at  the  root  of  our  agriculture, 
•  that  branch  of  induftry,  which  gives  food,  t  lothing,  and  comfort, 
to  the  great  mafs  of  the  tnhabitanis  of  thtfe  dates.  If  any  nation  what- 
ever, has  a  right  to  fhut  up  to  our  produce,  all  the  ports  of  the 
parth,  except  he;*  own  and  thofe  of  her  friends,  (lie  may  fhut  up 
thefe  alfb,  land  fo  confine  us  within  cyr  own  limits.     Nu  nation  can 
'fubfcribe  to  fuch  pretenfions ;  no  nation  can  agree,  at  the  mere  will 
or  intereil  of  anothpr,  to  have  its  peaceable  induftry  fufpended,  ard 
its  citizens  reduced  to  i41enef8  and  want.     The  lofs  of  our  produce 
if  deftined  for  foreign  markets,  or  tliat  lofs  which  would  refiilt  from 
8n  arbitrary  reftralrit  of  our  markets,  is  a  tax  too  fenous  for  us  to 
acquiefce  in.    It  is  not  enough  for  a  nation  to  fay,  we  and  our  friends^ 
Will  buy  your  produce.     We  h^ve  a  right  to  anfwer,  that  it  fuits  us 
better  to  fell  to  their  enemies  as  well  as  their  friends.     Our  (hips  do 
not  go  to  France  to  return  ?mpty  ;  they  go  to  exchange  the  furplus 
pf  one  produce,  which  we  can  fpare,  for  fqrpluffes  of  other  kinds, 
which  they  can  fpare,  and  w(  want ;  which  they  can  furni(h  on  bet- 
ter terms,  and  more  to  our  mind,  than  Great  Britain  or  her  friends. 
We  have  a  right  to  judge  for  purfelves,  what  market  beft  fuits  us, 
and  they  have  none  to  forbid  to  us  the  enjoyment  of  the  neceflaries 
and  comforts  which  we  may  obtain  froni  any  other  independent 
«ountrj'. 

'  Tills  aft  too,  tends  direftly  to  draw  us  from  that  ftate  of  peace, 
in  which  we  are  wifhing  to  remain.  It  is  an  effential  charafter  of 
neutrality  to  furniih  no  aids  (not  ftipulated  by  treaty)  to  one  party, 
which  we  are  not  equally  ready  to  fumifh  to  the  other.  If  we  permit 
forn  to  be  fent  to  Gre«t  Britain  imd  her  friends,  we  are  equally  bound 
to  permit  ft  to  France.  To  rcflrain  it,  would  be  a  partiality  which 
might  lead  to  war  with  France,  and,  between  reftraminjr  it  ourfelves, 
fjnd  permitting  hfer  enemies  to  reftraln  it  unrightfully,  is  no  diiFcr- 
^ce.  She  would  confider  this  as  a  mere  pretext,  of  which  (he  would 
iiot  be  the  diipe,  and  on  what  honorable  ground  could  we  otfierwife 
explain  it  ?  Thus  we  (hould  fee  ourfclves  plunged,  by  this  unauthpr- 
ifed  aft  of  Great  Britain,  into  a  war,  with  which  We  meddle  not, 
and  which  we  wifii  to  avoid,  if  jullice  to  all  parties  and  from  all  par- 
ties, \fiti  enable  us  to  avoid  it.  In  the  cafc,  where  we  found  our- 
fchres  obUged,  by  treaty,  to  withhold  from  the  enemies  of  France, 
the  right  of  irming  in  our  ports,  we  thought  ourfelves,  in  juftice, 
bound  to  withhold  the  fame  right  from  France  alfo,  and  we  did  it. 
Were  we  to  withhold  from  her,  fupplies  of  proviiions,  we  (hould, 
in  like  manner,  be  bound  to  withhold  them  from  her  enemies  alfo,^ 
and  thus  (hut  to  ourfelves  all  the  ports  of  Europe,  where  corn  is  in 
demand,  or  make  ourfelves  parties  in  the  war.  This  is  a  dilemma, 
w^ich  Great  Britain  has  no  ri^ht  to  force  upon  us,  an^.  for  which, 


f    149    3 


IS  iti 
mman 


eo  pretext  can  be  found,  in  any  part  of  our  condtid.  She  may,  in- 
deed, feci  the  defire  of  ftarving  an  enemy  nation  ;  but  (he  can  have 
po  right  of  doing  it  at  our  loTs,  nor  of  making  us  the  inftrument 
of  it. 

The  prefident,  therefore,  defires  that  you  will  immediately  enter  in- 
to explnaations  on  this  fubjeft  with  the  Britifh  government.  Lay  be- 
fore them  in  friendly  and  temperate  terms,  all  the  demonttrations  of 
the  injury  done  us  by  this  aft,  and  endeavor  to  obtain  a  revocation 
of  it,  and  full  indemniiication  to  any  citizens  of  thefe  ftates,  who 
may  have  luffered  by  it  in  the  mean  time.  Accompany  your  repre- 
icntations  witJi  every  affurance  of  our  earncft  dtfire  to  live  on  terms 
of  the  bell  filendfliip  and  harmony  with  them,  and  to  found  our 
exp(:6lations  of  juiiice  on  their  part,  on  a  Itridt  obfcrvauct;  of  it  on 
purs. 

It  is  with  concern,  however,  I  am  obliged  to  qbferve,  that  fo 
marked  has  been  the  inattention  of  the  Britifh  court,  to  every  appli- 
cation which  has  been  made  to  them,  on  any  fubjeil  by  this  govern- 
ment (not  a  fmgle  anfwer,  I  believe,  having  ever  beep  given  to  one  of 
them  except  in  the  aft  of  exchanging  a  minifter)  that  it  may  become 
unavoidable  in  certain  cafes,  where  an  anfwei-  of  fome  fort  is  necef- 
fary,  to  confider  their  lilcnce  as  an  anfwer — perhaps  this  is  their  in- 
tention. Still,  however,  defirous  of  funrifhing  no  colour  of  offence, 
we  dp  not  wilh  you  to  name  tp  them  any  term  for  giving  an  anfwer. 
Urge  one  as  much  as  you  can  without  commitment,  and  on  the  ift 
day  of  Decenaber,  be  fo  good  as  to  give  w  information  of  the  ftate 
ih  which  this  matter  is,  that  it  may  be  received  dMring  the  feffiou  of 
congrefs. 

The  2d  article  of  the  fame  inilruftion  allows  th?  armed  vefTels  of 
Great  Britain  to  feize,  for  condemnation,  all  veffels  on  their  firft  at- 
tempt to  enter  a  blockaded  port,  except  thofe  of  Denmark  and  Swe- 
den, which  are  to  be  prevente  1  only,  but  not  fci/cd,  on  thein  firft 
attempt.  Of  the  nations  inhabi^'ng  the  fhorespf  the  Atlantic  ocean  and 
pradtifing  its  navigation,  Denmark,  Sweden,  and  the  United  States, 
alone  are  neutral.  To  declare  then  all  neutral veEeh  (for  as  to  the  vefTcls 
pf  the  beUigerent  powers,  np  order  was  necelfary)  to  be  legal  prize, 
which  fliaiU  attempt  tp  enter  a  blockaded  port,  except  thofe  of  Deih- 
mark  and  Sweden,  is  exaftly  to  declare  that  the  vejfeh  of  the  United 
StateSf  fhall  be  lawful  prize,  and  thofe  of  Denmark  and  Sweden  (hall 
not.  It  is  of  little  confeqaence,  that  the  article  has  avoided  naming 
the  United  States,  fince  it  has  ufed  a  defcription  applicable  to  them, 
and  to  them  alone,  while  it  exempts  the  others  from  its  operatioit'ik 
by  name.  You  will  be  pleafed  to  afk  an  explanation  of  this  diftinc- 
tion,  and  you  will  be  able  to  fay  in  difcufling  its  juftice,  that  in  eve- 
ry circumftance  we  treat  Great  Britain  on  the  footing  of  the  moft 
^vored  nation,  where  our  treaties  do  not  preclude  us,  and  that  even 
thefe  are  Juft  as  favor?LIe  to  her,  as  hers  are  to  us.  Poflibly  (he  may 
\>e  bound  by  treaty,  to  admit  this  exception,  in  favor  of  Denmark 
and  Sweden,  but  flie  cannot  be  bound  by  treaty  to  withhold  it  firom 
VSf^  ^nd  if  i(  be  withheld  merely  bccaufc  no(  eflnblifhed  with  us  by 


C      I50      1 

itreaty^,  what  mig^t  not  we«  on  the  fame  ground,  have  withheld  ffbm- 
Grcat  Britain,  during  the  fliort  coiirfe  of  the  prefent  war,  as  well  at 
the  peace  which  has  preceded  it  ? 

Whether  thefc  explanations  with  the  Britiih  government,  fliall  be 
verbal  or  in  writing,  is  left  to  yourfelC  Verbal  communications  are 
very  infecure,  for  it  is  only  to  deny  them  or  to  change  their  terms, 
«n  order  to  do  away  their  tSe6t  at  any  time  ;  thofe  in  virriting  have 
many  and  obvious  advantages,  and  ought  tp  be  preferred  unlefs  there 
be  obAacles  of  fvhioh  we  are  not  apprized. 

1  have  the  honor  to  be, ' 
With  gre^t  and  fincere  efteem. 

Dear  fir, 
-    Your  mod  obedient  fervant, 

TH.  JEFFERSON. 

(Copy.) 
George  R. 

Iff  IV       AdJttiimal  Inftru3ions  to  the  Commanders  of  his  Majejiy's 

K*^'^ krt  Ships  of  War,  and  Privateers  that  have  or  may  have  Let' 
L.  S.^  ters  of  Marque  againff  France.  Given  at  our  Court  at  St» 
ym^  ^J^  ^ames*St  the  eighth  Day  of  June^  1 793,  and  in  thf  thirty 
jnTik         third  Tear  of  our  Rei^nf 

ift,  ''T^  l^AI*  it  niall  be  lawful  to  ftop  and  detain  all  veflels  loaded 
X  wholly  or  in  part  with  com,  flour  or  meal,  boimd  to  any 
port  in  l^rance,  or  any  port  ocpupied  by  the  armies  of  France,  and 
to  fend  them  to  fuch  ports  as  {hall  be  mod  convenient,  in  order  that 
fuch  corn,  n^eal  or  3pur,  may  be  purcbafed  on  behalf  of  his  majeily's 
government,  and  the  (hips  be  releafed  after  fudi  purchafe,  and  after 
a  due  allp\yance  for  fi'eight,  or  th^t  the  mailers  of  fuch  (hips  pi^  giv- 
ing due  fecurlty,  to  be  approved  pf  by  the  court  of  ado^i^lty,  be 
permitted  to  proceed  to  difpofe  pf  their  cargoes  of  corn,  meal  or 
flour,  in  the  ports  of  any  country  in  amity  with  his  majefly. 

2d,  That  it  fliall  be  lawful  for  the  commanders  of  his  majefty^s 
fliips  of  war,  and  privateers  thaj:  have,  or  may  have  letters  of  marque 
agalnft  France,  tp  fblze  all  (hips,  whatever  be  their  cargoes,  that  fliall 
be  found  attempting  to  ^nter  any  bIockade4  port,  and  tp  feqd  the 
fame  for  condemnation,  together  with  their  cargoes,  except  the  fliipa 
of  Denmark  and  Sweden,  which  fliall  only  be  prevented  fironi  enter- 
ing on  the  iirll  attempt^  but  on  the  fecond  fliaU  be  feqt  in  for  con« 
denniation  likewife. 

3d,  That  m  cafe  hismajefly  fhall  declare  any  port  tp  be  blockaded, 
the  commandei-s  of  his  mzyefty's  fliips  of  war,  an<^|>rivateers  that  have, 
pr  may  have,  letters  of  marque  againit  France,  are  hereby  enjoined  if 
they  meet  with  fliips  at  fea,  which  appear  from  their  papers  to  be 
deflined  to  fuch  blockaded  port,  but  to  have  failed  from  the  ports  of 
their  refpcdtive  countries,  before  the  declaration  of  the  blockade  (hall 
have  arrived  there  to  advertifc  them  thereof,  and  to  admonifli  them 
|o  go  to  other  ports,  but  they  are  not  to  moleft  them  afterwards,  un- 


t    tSi    1 


or 


sd. 


left  it  (hall  appear,  that  they  have  continued  their  courfe  with  inteillt 
to  enter  the  blockaded  port,  in  which  cafe  they  (hall  be  fubje£l  to 
capture  and  condemnation,  as  (hall  likewife  all  (hips  whercfoevcr  found, 
that  (hall  appear  to  have  failed  from  their  ports,  bound  to  any  port 
which  his  majedy  (hall  have  declared  to  be  blockaded,  after  fuch  de- 
claration (hall  have  been  known  in  the  country  from  which  they  fail- 
ed, and  all  (hips  which  in  the  courfe  of  the  voyage  (hall  have  re- 
ceived notice  o^  the  blockade  in  any  manner,  and  yet  (hall  have  pur- 
fued  their  courfe  with  intent  to  enter  the  fame. 

G.    R. 


Mr,  Hammondf  Mlntjter  Plenipotentiary  of  Great  Britain^  to  Mr.  JeJ» 

ferfoHy  Secretary  of  State. 

Philadelphia,  12th  September,  1793. 
Sir, 

I  HAVE  the  honor  of  tranfmitting  to  you  a  copy  of  an  addition- 
al inftru^ion,  given  by  his  majefty's  order  in  council,  to  the 
commanders  of  the  Briti(h  armed  ve(rel3,  rcfpe^ing  the  commerce 
of  neutral  nations  with  France,  in  the  articles  of  <;rain,  and  alfo  with 
regard  to  fuch  French  ports  as  may,  in  the  courfe  of  the  war,,  be 
blockaded  by  the  veffels  of  his  majefty,  or  of  the  other  powei^  en- 
gaged in  the  war. 

In  communicating  to  you  this  paper,  it  is  necelTary  for  me  to  re- 
mark, that  by  the  law  of  nations,  as  laid  down  by  the  mo(t  modem 
writers,  it  is  exprefsly  (lated,  that  all  provifions  are  to  be  confidered 
as  contraband,  and  as  fuch,  liable  to  confifcation  ;  in  the  cafe  where 
the  depriving  an  enemy  of  thefe  fupplics,  is  one  of  the  means  intend- 
ed to  be  employed  for  reducing  him  to  reafonable  terms  of  peace — 
The  aflual  Situation  of  France,  is  notoriouHy  fuch,  as  to  lead  to  the 
employing  this  mode  of  diftrefling  her  by  the  joint  operations  of  the 
di(Ferent  powers  engaged  in  the  war,  and  the  reaConing  which  in 
thefe  authors  appplies  to  all  cafes  of  this  foct,  is  certainly  much  more 
applicable  to  the  prefmt  cafe,  in  which  the  diftrefs  refults  from  the 
unufual  mode  of  war,  employed  by  the  enemy  himfclf,  in  having 
armed  almoft  the  whole  labounng  clafa  of  the  French  nation,  for  the 
purpofe  of  commencing  and  fupportlng  holtilities  ag^inll  all  the  go- 
vernments of  Europe — But  this  reafoning  is  molt  of  all  applicable 
to  the  circumftances  of  a  trade,  which  is  now,  in  a  great  meafure, 
entirely  carried  on  by  the  aAually  ruling  party  of  France  itfclf,  and 
which  is,  therefore,  no  longer  to  be  regarded,  as  a  mercantile  fpecula- 
tion  of  individuals,  but  as  an  immoderate  operation  of  the  very  pcr- 
fons  who  have  decl:uK|d  war,  and  are  now  carrying  it  on  againft  Great 
Britain — On  thefe  ornifiderations^  therefore,  the  powers  at  war  would 
have  been  perfc£lly  juftifiable  if  they  had  con(idcred  aU  proviHons  1% 
contraband ;  and  had  diredled  them  as  fuch  to  be  brought  in  for  coi  • 
fifcation. 

But  the  prefent  meafure  purfued  by  his  majefty's  government,  o 
far  from  going  to  the  extent,  which  the  law  of  nations  and  the  cii- 
cumftaaces  of  the  cafe  would  have  vrarranted,  only  has  prevented  the 


^     mi 


C    t5» 


1 


French  from  being  fupplied  with  corn,  omitting  all  mchtion  of  ofl/r 
proviHunSi  and  even  with  rcfped  to  corn,  the  regulation  adopted,  is 
one,  which  Inftead  of  contifcating  the  cargoes,  fecurcs  to  the  propri- 
ct(>r9,  ftippofing  them  neutral,  a  full  indcmnitication  for  any  lofsthcy 
may  pollibly  fuilaln. — 

Witli  rffpeiiil  to  the  rule  that  nas  been  adopted  relative  to  porta 
bloclcaded,  It  is  conformable  to  the  gerteral  law  and  pratkice  of  all 
nations,  and  the  exception  there  mentioned  as  to  Denmark  and.  Swe- 
dci»,  h.i3  rcfeix^nc*  to  cr.itling  treaties  with  thofe  powers  :  ind  caiiiiot^ 
therefore,  give  any  jtill  ground:;  of  umbrage  or  jealoufy  to  other 
powers,  botwt'vn  whom  and  Great  Britaiq,  no  fuch  treaties  fubfid. 

Before  1  conclude  this  letter,  I  deem  it  proper  to  exprefs  my  hope 
thj^t  jtou,  fir,  will  perceive  In  the  communication,  Itfelf,  of  thia  paper, 
a  proof  of  my  willingnefs  to  furniHi  this  government  with  any  in- 
tellij^jenc^  that  may  be  intercfting  to  it,  and  thei'eby  to  anticipate  the 
nccelfity  of  enquiries  on  the  fubje£l,  and  I  cannot  avoid  farther  ad- 
ding my  convidion  that  the  explanation  I  have  now  given  of  this 
meafure,  will  fatiafaiSlorily  evince  the  propriety  of  recurring  to  it  iu, 
the  prc^feut  tnflancei 

1  hnve  the  honor  to  be. 

With  fentlments  of  great  rcfpe£l, 
Sir, 
Your  moft  obedient  humble  fervant, 

GEO.  HAMMONDi 


Mr. '  ji^Jf^rfon,  Secretary  of  Stutey  lo  Mr.  Hammond,  Minlfter  Plenlpo^, 

teiil'iary  of  Great  Britain. 

September  22d>  1793* 
Sir, 

IH  AVE  yet  to  acknowledge  the  receipt  of  your  favor  of  the  i2tU 
inllant,  covering  an  additional  inilru£lion  to  the  commanders  of 
Rririfh  armed  vc(r.la,  and  explaining  its  principles;  and  I  receive  it 
readily  as  a  proof  of  your  wiiiingnefs  to  anticipate  our  enquiries  on 
fubjeds  Intevelling  to  us.  Certainly  none  was  ever  more  fo  than  the 
ir.iirudinn  in  quelHon,  as  It  ftrlkes  at  the  root  of  our  agriculture^ 
and  at  the  means  of  obtaining  for  our  citizens  In  genei-al,  the  nume- 
ro.is  articles  ^f  neceffity  and  comfort  which  they  do  not  make  for 
thenifelvt'R,  but  have  hitherto  procured  from  other  nations  by  ex- 
cln  ige.  The  paper  had  been  before  communicated  to  the  prefident, 
and  inilructions  immediately  fent  to  our  minifter  at  London,  to  make 
proper  rcprcHi'iitations  on  the  fubje^t.  In  the  eiFe£l  of  which  we  have 
al!  that  cunft'ence  which  the  juftice  of  the  Brl^  government  Is  cal- 
culated to  Infpire.  That  "  all  provlfions  are  toWt  confidered  as  con- 
traband In  the  cafe  where  the  depriving  an  enemy  of  thefe  fupplies 
is  o'je  of  tlie  means  ht.entletl  to  be  employed,"  or  in  any  cafe  but  that 
of  a  pVtce  acJunJly  bJocl'nded,  Is  a  pofition  entirely  new.  However,  the 
clircarijoi)  having  been  transferred  to  another  place,  I  forbear  to  enter 
into  it  here. 


I 


ai 

del 

in\ 
coj 


<    '13    3 

We  had  cooje^ured,  but  did  not  berore  certainly  know,  that  tttt 
diftin<ftion  which  the  infhuflion  makes  between  Denmark  and  Swe- 
den, on  the  one  hand,  and  the  United  States  on  the  other,  in  the  cafe  of 
veflels  bound  to  porta  blockaded,  was  on  the  principle  explained  by 
you,  that  what  was  yielded  to  thofe  countries  by  treaty,  it  is  not  un- 
friendly to  refufe  to  us,  becaufe  not  yielded  to  us  by  treaty.  I  (hall  not 
conteft  the  right  of  the  principle,  as  a  right  to  its  reciprocity  necefia^ 
,  ytly  refults  to  u4. 

1  have  the  honor  to  be, 
with  great  refpeft, 

p'  ,Sii»  . 

Your  moil  obedient  fcrvant, 

TH.  JEFFERSOK; 


LoNDOM,  5'th  July,  1793. 
Dear  SiH, 

THE  enclofed  copy  of  additional  inftruflions  to  the  commaridci^ 
.  of  Britiih  men  of  war  and  privateers^  will  (how  the  further 
dmbarraffment  to  which  our  commerce  will  be  fubjefted  in  the  prefent 
War.  Thefe  inffrudlions,  though  dated  the  8th  of  June,  were  not 
finally  iffued  to  the  admiralty  till  the  28th.  Lord  Grenville  juflifies 
them  from  the  authority  of  the  writers  on  the  law  of  nations,  parti- 
cularly 2d  Vattel,  72*  73  ;  and  urges,  that  by  the  dodrine  there  laid 
down,  they  have  not  gone  fo  far  as  they  would  have  been  jutliHed  iti 
firocceding,  conAdering  the  profpedl  they  have  of  I'educing  their  en«- 
ifiy  by  fuch  means,  the  inftru£lions  not  ejctending  to.  all  kmds  of  pro- 
vifious,  nor  to  conlifcations  of  thofe  kinds  that  are  mentioned.  That 
the  exilting  circumftances  juftifying  them  in  coniidering  grain  as 
among  contraband  articles,  they  come  within  the  proclattiation  iflued 
by  the  prefident.  That  the  French  government  are,  in  fadt,  the  on- 
ly importers  of  gi-ain  into  that  country.  That  the  meafure  was  fo 
guarded  by  diredling  the  g^roperty  to  be  paid  for,  together  with  the 
freight,  that  the  owners  could  fuffer  no  lofs,  a  liberu  price  being  *'• 
ways  allowed  in  thefe  cafes,  and  he  was  hopeful  the  matter  would 
be  To  Conducted  as  to  give  fatisfadlion  to  the  parties  concerned.  I  urg- 
ed every  argument  that  fuggefted  itfelf  to  me,  in  fupport  of  the 
neutral  rights  which  I  contended  wer^  injured  in  this  inftance,  point- 
ed to  inconveniencies  that  wotild  attend  the  execution  of  the  inftruc- 
tions,  arid  urged  that  the  cafe  put  by  Vattel,  of  a  well-grounded 
hope  of  reducing  the  ipbny  by  famine,  did  not  exift,  provifions  being 
now  cheaper  in  the  ports  of  France  than  in  thofe  of  England.  Lom 
Orenvllle  on  being  afked,  fald  Spain  would  purl'ue  the  fame  line  of 
conduct,  and  upon  its  being  objected  that  even  their  late  convention 
with  Ruffia,  did  not  extend  to. this  objed  ;  he  anjTwered  that  thougb 
ft  was  not  exprefsly  mentioned,  it  was  fully  underft'^od  by  both  par- 
lies, to  be  within  the  intention  of  it.  At  the  clofe  of  the  convcrfation, 
J  told  him  I  fhould  tranfittit  thefe  inftruftions  to  you,  aecdmpanied 

Xs   . 


C     154    i 

1iy  his  rcafoiis  m  their  judifioition.  Lord  Grenftllc  fjiokc  iu  high 
itrtM  of  apprubation  of  tlic  anfwcrs  to  Mr.  Hammund'i  memoriaUr 
which  he  received  by  the  packet. 

I  ha\'e  the  honor  to  be,  Sec. 

THOMAS  PINCKrEY. 
The  Secretary  of  State. 

Mr.  Piikheyy  Mlnt/lir  Plenipotentiary  of  the  United  Stalett  ivith  Gre&l 
Britain,  to  Mr.  ^fferfon.  Secretary  tf  State. 

London^  Auguft  15th,  1793* 
Dear  StR, 

THE  frequent  interruptions  our  teflelti  experience,  efpecially  iir 
navigating  the  European  fcas,  induce  me  to  addrefs  you  in 
cypher. 

X  have  had  fevcrul  converfations  with  Lord  Grenville,  but  do  not 
fii]d  that  this  goTcrnmeut  will  at  all  relax  in  the  meafures  they  have 
tidopted  towards  the  ireutral  nations — I  have  urged  every  thing  in  my 
j^ower,  in  oppofition  to  the  policy  as  well  as  th«  right  of  thcfe  mea« 
fures,  and  have  aflured  him  they  will  be  conlidered  by  our  govern-, 
tAent  as  infringements  of  the  neutral  rightiik    As  I  cannot  fpeak  from^ 
authority  on  the  fubje£l,  I  bar.'  not  faid  what  meskfures  we  (nail  adopt 
in  ccnfequence,  although  I  have  ftrongly  iniifled  on  the  detriment, 
to  the  commercial  intertfts  of  this  country,  which  muft  neceflarily 
cnfue  from  the  various  impediments  oppofcd  to  a  free  intercourfe,  vi'- 
vrtW  as  from  the  ifi^-wlll  they  will  excite.  1  may,  perhaps,  eftimate  too 
highly  the  blcHiiigs  of  j)eace  in  general,  and  the  advantages  of  ouf 
neutral  iituation,  aotwithi^anding  all  the  deductions,  to  be  nnade  09^ 
accoant  of  tlie  condudt  of  this  country.    But  it  appears  to  mc,  that 
if  the  United  States  Ihonld  deem  it  ncGelTary  to  go  beyond  the  line 
of  rcmonftranct^  on  this  occafion,  prudence  will  dictate,  that  our  op* 
pofition  fhould  be  confined  to  commercial  reguTatioRS. 
With  the  attnoft  refpeft,  I  have  the  honor  to  be. 

Dear  Sir,  &c. 

THOMAS  PINCKNEY; 


(Copy.) 

MR,  P  INC  TvNEY  prcfcnts  his  compliments  to  Lord  Grcnv^, 
and  has  tlie  honor  of  incloling,  in  conformity  to  his  lori- 
(hip's  defire,  a  memorandum  relating  to  the  American  fWp  Elira,  tp^ 
which  lie  has  atfded  a  note  coiicerning  two  other  veHels;  thcfe  fomi; 
only  a  fmi.ll  part  of  the  Antcncan  veuels  brought  into  the  4iff<crent 
por|s  of  Great  Britain.  Mr.  P.  thinks  it  MBcceffary  to  add  vxj 
thing  to  what  he  has  had  the  honor  of  perfomnly  mentimiing  to  hiSL 
lorduiip  on  this  fubjc^ — but  has  a  firm  reliance  that  in  the  execution^ 
cf  meafares  which  ne  is  affurcd  the  government  of  the  United  State? 
will  conlider  as  infringements  of  the  neutral  rights.  Lord  Grenvine'ft 
rndeayours  will  not  be  wanting  to  prevent  any  unneeeiTary  aggravatifRF- 
of  the  inconveniencies  arifing  therefrom. 
Great  Cumberland  Place,  2  2d  ^uiy,  I  jg$4 


OJf^ 


t    t5J     ] 

Mr.  Pmckmyt  Mmi/ler  Phnlpotenttary  of  the  Unlhd  S/atu,  with  Gt'eti$ 
Britain,  to  Mr,  Jcfferjon^  Secretary  of  State, 

London,  l8th  Auguft,  1793* 
Dear  Sir, 

HAVING  in  my  Former  communications  related  the  conduA 
of  this  government  to  the  neutral  powers,  with  the  rcafoni 
afligned  by  Lord  Grenville  for  this  condun,  which  rcafons,  as  far  at 
they  concern  enemy's  property  on  board  of  neutral  veflcls,  his  lordihip 
informed  me  had  direned  Mr.  Hammond  to  reprefent  fully  to  our 
government.  I  have  only  to  add,  that  from  fubfequent  converfationsi, 
there  does  not  appear  any  probability  of  the  Britim  government  rclip- 
quilhing  this  point — thefe  meafitrcs  are  attended,  for  the  prefent;, 
with  greater  inconvenience,  and  confequent  irritation  to  our  citizens^ 
on  account  of  the  court  of  admiralty  having,  as  yet,  given  no  de- 
cifion  on  the  freight,  demurrage,  &c.  to  be  allowed  to  the  vcffek 
bivught  in ;  on  this  fubjed  I  have  made  repeated  applications 
,(for  although  I  am  convinced  of  the  refpe£t  due  to  tlie  pro- 
ceedings of  the  judidary  of  every  nation,  yet  if,  in  any  cafe,  a  d<> 
lay  of  juftice  may  be  deemed  equivalent  to  a  denial,  certainly  may* 
ui  the  cafe  of  veflels,  circumilanced  as  many  of  ours  are)  and  the 
court  of  admiralty  havin?  adjourned  to  the  4th  of  September,  witlv- 
but  any  decifion  on  the^  points,  I  reiterated  my  reprefentation  to 
jthe  fecretary  of  (late,  who  appeared  to  be  furprized  at  the  farther  prc- 
praftination ;  and  I  am,  from  circumilances,  inclined  to  think,  that 
lie  will  endeavour  to  accelerate  this  bufinefs,  at  the  time  to  which  the 
court  Hands  adjourned.  As  I  thought  it  right  that  the  evidence  of 
our  oppofition  to  the  meafures  purfued  here,  fhould  not  r^H  merely 
pn  official  converfations,  I  took  an  opportunity  of  bringing  forward 
the  difculfion  in  writing,  fo  far,  at  leaft,  as  to  amourt  to  an  authen- 
tic document  of  our  claim,  with  fome  of  the  rcafons  in  fupport  of  it, 
iat  the  fame  time  that  I  endeavoured  fo  to  guard  it,  as  to  leave  our 
l^overnment  unembarrafled  in  any  line  they  might  think  propcY  to 
fturfue.  I  enclofe  a  copy  of  what  pafled  on  this  fubje£^. 

I  have  the  honor  to  be,  &c. 

TH.  PINCKNEY. 


■!!«• 


(Copy.) 

MR.  PINCKNEY  has  the  honor  of  acTcnowledglng  the  re- 
ceipt of  Lord  Grenville's  note  of  the  3 lit  ult.  and  of  ex- 
prefling  his  obligation  for  the  aflurance  therein  contained,  that  his 
lordfliip's  endeavours  will  be  exerted  to  prevent,  as  far  as  pofllble, 
any  inconvenience  to  .which  the  European  commerce  of  the  cftizens 
of  the  United  State^of  America  may  he  liable,  from  the  m^afur^rs 
unavoidably  refulting  from  the  exifting  ftate  of  war ;  and  as  his 
lordihip  has  adverted  to  an  obfervation  contained  in  Mr.  Pinckney's 
note  of  the  zzA.  ult.  he  will  take  the  liberty  of  briefly  ftating  the 
principal  reafons  which  fuggefled  his  remark,  that  "  fome  of  the 
meafures  of  this  government  will  be  coniidered  by  the  United  States 
as  infringement*  on  the  neu^  rights."  The  meafures  allutled  to. 


.are  pnrticulatly  tT)o(c  which  contravene  the  pnnciplef  that  free  (hioA 
make  free  goods,  and  which  prevent  certain  articles  of  proviHun,  the 
produce  of  the  United  States,  from  betnp;  carried  in  tht^ir  o  n  velVels 
to  the  unbUickadcd  ports  of  France.  Witli  refpeft  to  the  firU,  it  ia 
conceived  that  as  cunimercc  has  been  more  difTufively  cultivated,  and 
its  principles  better  uiidcrftoud,  the  law  of  nations,  relating  thereto, 
ha>  received  material  improvements  fmce  the  publication  of  the  moft 
modern  and  moft  approved  writers  on  that  fubie^^,  and  that  whatever 
doubts  may  formerly  have  exiilcd  on'this  point,  that  the  fcnle  of  a 
confidcrablc  majority  of  the  maritime  powers  of  Europe  has,  within 
the  laft  twenty  years,  been  clearly  expreflld  in  favor  of  the  principle 
of  free  (hips  making  free  goods,  which  has  been  manifeflcd,  by  their 
praflicc,  in  the  latter  years  of  the  American  war,  by  the  ftipultitiona 
tntcred  into  nt  that  time,  and  by  their  having  inferted  the  fame  in 
their  latcft  treaties.  Of  thcfe,  the  treaties  entered  Tnto  between  the 
United  Slates  and  feveral  European  powers,  are  among  the  mod  re* 
cent :  all  of  which  fupport  this  do£trine,  by  exprefs  Aipulation  ;  and 
even  Great  Britain  muft  admit,  that  this  principle  contains  nothiofir 
dilhonorable  or  improper,  fince  (he  has  adopted  it  in  her  commercial 
treaty  with  France ;  and  it  may  not  be  amifs  here  to  remark,  that 
the  commerce  of  the  United  States  is  as  advantageous  to  Great  Bri- 
tain,  taking  all  circumftances  into  confideration,  as  that  of  France  has 
been  :  Suppofing,  then,  the  quedion  of  right  to  be  waved,  would  it  be 
deemed  unreafonable  for  the  United  States  to  expe£l  equal  advantages 
with  thofe  France  would  have  enjoyed  in  (imilai'  circumilances  ?  But 
the  right  now  contended  for,  appears  not  only  fu'pported  by  m6dera 
pra£tice,  but  to  be  conformable  to  reafon  :  For  if  two  nations  have 
the  misfortune  of  being  engaged  in  war  ^gainft  each  other,  it  is  evi« 
dently  contrary  to  the  diaates  of  reafon,  that  a  third,  who  has  no 
concern  in  the  quarrel  and  has  offended  neither  party,  (hould  be  in* 
jured  thereby,  or  be  debarred  from  that  intercourfe  with  either, 
which  is  not  immediately  connected  with  military  operations.  And  al- 
tho*  people  in  a  ftate  of  war,  have,  in  general,  a  right  to  feize  or  de- 
ftroy  their  enemy's  property,  yet  they  cannot  be  juftified  in  going,  for 
that  purpofe,  upon  neutral  territory  (in  conformity  to  which  doftrine, 
the  Briti(h  (hip  Grange,  captured  by  a  French  frigate  in  the  bay  of 
Delaware,  was  lately  liberated  by  order  of  the  American  govera- 
n»ent ;)  and  the  diftin^ion  draw"  bet>yeen  neutral  territory  and  neu- 
tral veflelg,  does  not  appear  to  form  a  difference  fufRciently  fubftan- 
tial  to  preclude  the  application  of  the  fame  principles  to  both.  It 
may  be  here  added,  that  in  the  laft  war,  the  Americans  adopted,  and 
carried  into  effect,  this  principle  to  the  advantage  of  Briti(h  fubjefts, 
having  aftually  liberated  feveral  Britifh  cargoqbcaptured  on  board  of 
neutral  veflTels.  Moft  of  the  arguments  oppofea  to  the  firiit  meafure, 
^vill  apply,  with  equal  force,  to  that  of  bringing  American  provlfion 
veflTels,  hound  to  the  unblockaded  ports  of  France,  into  this  king- 
dom— ^To  which  it  may  be  added,  that  if  Mr.  Pinckney's  information 
18  juft  (and  he  has  omitted  no  opportunity,  which  his  fituation  has 
affufd^d  him,  of  obtaining  accurate  iotelligence  on  this  fubje£l}  tbe 


ha9 


t    '57    3 

X$tk(on  t^igntd  by  wHtm  on  the  law  of  nationi»  for  mcafum  ofthii 
Vaturc*,  namely,  the  well-grounded  hope  of  reducing  an  enemy  hf  fi- 
minc,  does  not  apply,  in  the  prefent  inftance )  becaufe  the  price  of, 
the  articles  pointed  out  in  the  additional  inftruAions,  is  lower  in  the 
French  ports,  than  in  thofe  of  this  kingdom,  where  thnx  is,  by  no 
means,  any  fcarcity.  Arguments,  founded  on  the  inconvenience  at- 
tending the  execution  of  meafures,  may  fairly  be  adduced  a^^alnft 
their  adoption  ;  thefe  are  fo  numerous,  and  fo  obvioufly  oppoie '  to 
both  the  meafures  now  under  confideration,  that  it  would  be  fuper- 
4uuu8  to  fele^  any  but  thofe  circumilances  which  prrfs  in  a  peculiar 
fnanner  upun  the  citizens  of  the  United  3tate8.  Under  this  head,  it 
D)ay  be  obfcrved,  that  for  want  of  arrangements  being  made  for  the 
fecurity  vf  American  feamen  in  the  ports  of  this  country,  they  are 
fubjcdt  to  the  various  hardfhips  Mr.  Pinckney  has  fo  frequently  de- 
tailed to  Lord  Grenvillc  ;  of  courfe  their  being  cupturcd  and  brought 
into  thefe  ports,  renders  them  liable  to  thofe  difadvantages  they 
would  othcrwife  have  avoided.  Grain  being  the  principal  export  of 
the  United  States,  if  they  are  prevented  from  carrying  tjiat  cpmmodi* 
iy  to  the  French  ports,  they  art?  not  only  deprived  of  that  branch  of 
commerce,  but  are  prevented  from  drawing  thofe  commodities  froiQ 
France,  fur  which  they  have  occaHon  {  for  in  cafe  of  the  capture 
and  fale  of  their  property  here,  other  regulations  prevent  remittances 
f>eing  made  from  hence  to  France,  to  purchafe  the  fupplies  they  want, 
Another  inconvenience  peculiar  to  the  Americans,  is,  that  the  fimv> 
larity  of  language  rendera  them  more  obnoxious  to  the  irritation  arif« 
ipg  from  contumelious  treatment,  too  often  exhib'ted  by  the  papcor^* 
to  thofe  whom  they  have  taken  ;  which  may,  in  part,  be  attributed 
to  thofe  perfons  being  intercfted  in  widening  the  field  of  capture,  who 
are  neceifarily  employed  in  executing  the  meafure ;  it  renders  them 
alfo  more  acceilible  to  offers  of  bribery,  to  commit  unworthy  a^ont  | 
on  both  of  which  fubjedls,  reprei'entations  have  been  already  made ; 
but  the  evil,  Mr.  Pinckney  moll  Hncerely  deprecates,  is  the  animofi- 
ty  the  execution  of  thefe  meafures  almoft  unavoidably  generates  be- 
tween the  parties  concerned  therein  j  which,  by  extending  in  their 
Yefpefiive  countries,  may  eventually  diminiih  that  friendfliip,  which 
it  if  the  intereft,  and,  he  trufts,  the  defire  of  both  nations  to  augw^ 
ipent. 

Thefe  arguments  might  be  detailed  much  more  at  length,  and 
others  added  to  corroborate  them  ;  but  Mr.  Pinckney  has  deemed  it 
neceflary  only  to  touch  upon  fome  of  the  reafons  on  which  his  obfer- 
Tation  was  founded,  to  obviate  the  idea  of  his  wifl^ing  to  claim,  in 
behalf  of  the  United  States,  exemptions  to  which'  they  are  not,  in 
reafon,  entitled.  At  the  fame  time,  he  aflures  I^ord  Grenville  of  the 
due  fenfe  which  will,  at  all  times,  be  entertained  by  his  country,  'for 
any  circumftances  of  particular  attention  to  their  commerce,  and  of 
iheir  earneil  deilre,  by  a  reciprocation  of  good  offices,  to  iacreaie 
t}ie  mutual  advantages  of  both  natio^^ 


lk||lt»  l^fitkfity  Vgl  Icvre  to  make  hfe  beft  atknbwiedgmeftts  t^ 
lioM  GrMitilkS  declaration  of  petfolial  efteeiti,  and  to  offer  his  fen- 
tHnemi  of  re^ciftfial  coniideratian  for  his  lordihip. 

tCopy.)        *  ' 

Wnttf^Atv,  Joly  sift,  17^3. 

LORD  ORENVILLE  has  had  the  honor  to  receive  Mr. 
Kncktiey*s  rote  of  the  I2d  Jtdy,  with  the  tnemorandirin  ae- 
cxARpanying  it ;  he  has  dkefbed  etiqoirv  to  ht  thade  refpe^ing  thfi 
cafes  of  the  fereml  flitps  mentioned  hf  Mr.  IHntk&ey,  \7hich  he  ap- 
prehends, however,  to  be  all  in  a  courfe  of  legal  adjodicationy  and 
cotifeqaetitly  not  in  a  ftate  to  admit  of  the  interference  of  govern^ 
inent. 

Mr.  PinckTiey  may  ht  affbitd  of  LorA  GrenriWe's  beft  endeavours 
tt  an  tinrev,  to  prevent,  as  far  as  polfible,  any  inconvenience  arifing 
to  the  fvljeifls  tif  the  United  States  in  their  European  comnderce* 
from  t^e  tneaiures  which  unavoidably  rd'oh  from  that  ftate  of  war, 
In  ttrhidk  the  maritime  countries  of  Europe  are  engraged.  But  it  i» 
hnpcffible  for  him  not  to  remark^  in  reply  to  the  oibfervation  contain- 
ed in  Mr.  Pinckney'a  n«te,  that  the  fteps  adopted  by  this'govcm- 
ntent,  fo  jfar  from  bmg  infraflions  of  the  neutral  rights  afe  oiort 
fatoralAe  t?han  the  law  of  nations  on  that  fobjeft,  afi  eftabliflied  by 
(he  moft  modem  and  moft  approved  writers  upon  it ;  knd  that  this 
t^t  laid  down  here,  has  been  marked  with  oircumftances  of  particu- 
,lar  attention  to  the  commerce  of  America,*  iu  theinftance  which 
*  Lord  OrentHl^  has  already  had  the  honor  of  pointing  out  to  Mr* 
Pifickney. 

Lord  Gren^^  avails  himfelf  of  this  opportunity,  to  afiure  Mr. 
Hnckney  of  his  fincere  efteem  and  cpnlideration. 
*  •  Tbit  ailudes  10  Ttee  not  being  tnehdedin  the  prohiHtion.     T,  P* 

■   Jifr,    Pinehi^f    Mlnifkr   Plenipotentiary   of  tie    Vaked  SteUef,  with 
Gre$t  Britain^  to  Mr.  Jefferfotit  Secretary  of  State. 

London,  25th  September,  17^3. 
DtAa  Sia, 

NO  alteration  has  taken  place  iinee  my  laft,  in  the  conduft  of 
this  government  towards  the  neutral  powers ;  they  ftillndlert 
the  propriety  <Jf  preventing  the  provifions  fpeeified  in  their  addition- 
al Inftmdions,  from  being  fent  to  French  ports,  and  of  making 
prize  of  their  enemy's  property,  in  whatever  veffels  it  may  be  found 
^— the  execution  of  thefe  mealures,  of  coutfe,  cteates  mi^ch  uneafi- 
nefs  among  our  citizens,  whofe  commerce  is  much  injured  thereby—  . 
J  receive  alturances  that  their  court  will  amply  i^jdrcfs  the  irregulari- 
ties which  may  be  committed  by  thfeir  cruifers,  upon  |>foper  appli|a- 
tion ;  but  thefe  are  frequently  of  a  nature,  to  be  with  dimeulty 
brought  onder  the  cogniaanee  of  the  judiciary ;  and  I  ^ud  our  fea- 
sting people  in  general,  rathelrfrielined  to  fubmit  to  the  firft  incoil^ 
venlence,  than  rifle  the  event  of  a  law-fuit.  The  court  of  admiralty 
ia  the  beginning  of  the  prefent  monthi  adjudged  freight,  dem^age. 


1 


C    159    ] 

and  expenfes  to  an  American  vefiel,  whofe  cargo  was  conddilMld* 
t  am  hopeful,  fince  this  precedent,  that  it  will  be^ allowed  in  ul  o« 
ther  cafes,  which  will,  of  courfe,  prevent  fo  many  of  our  vdTcIt 
from  being  brought  in.  The  protedion  afforded  our  feamen^nrco 
mains,  alfo,  on  the  fame  footing  ;  they  profefs  a  willingnefs  to  fecure 
to  us  all  real  American  feamen,  when  proved  to  be  fuch ;  but  the 
proof  they  will  not  difpenfe  with— our  cbnfuls  are  allowed  to  jrive 
prote^iibns,  where  the  maft^  of  th«  vdEtl,  and  the  mariner,  (wear, 
that  the  party  is  an  American  native,  and  citizen,  which  protedlions, 
in  general,  are  refped^ed,  though  foms  iiregularjties  occafionally  take 
place — So  many  obje£lions  are  ma4ip  to.  the  arrangement  we  propofe 
on  this  fubjcdt,  that  I  fee  no  profpeft  of  its  taking  place. 

I  remain,  with  great  and  fincere  refp«£^y 
Dear  Sir, 

Your,  &c.  Sec. 
.   THOMAS   PINCKNEY- 


m 


Extras  from  ike  Convention  hefu>een  his  Brttanme  Majejiy  and  the  Em*- 
prtft  of  Rugia,  fgiui.  at  LcnJon  tht  i$tb  tf  Mcu^^  1795. 

Article  3d.  Their  faid  majefties  reciprocally  engage,  to  (hut  all 
their  pmts  a^ainft  French  (hips«  not  to  perout:  toe  exportatimi  io 
any  cafe,  from  their  faid  ports  for  France,  of  any  military  or  n^ 
val  (lores,  or  corn,  giraiiu  falt>meat,  or  oth^r  provifions ;  and  tm 
take  aH  other  mcafnres  in  their  power  for  injuring  the  commerce:* 
of  France,  and  for  bringing  her,  by  fuch  means,  to  juft  condC* 
ti<Mis  of.  peace. 

Arttcle  4th.  Their  majcfties  engage  to  unite  all  their  eSbrts  to  ' 
prevent  other  powers,  not  implicated  in  this  war,  from  i^y\*ff 
on  this  occadon  of  common  concern  to  every  crvtifzcd  ftate,  any 
protection  whatever,  diredlly,  or  indirectly,  in  confequence  of 
th;:ir  neutrality,  to  the  commerce  or  property  of  the  French  on  the 
(ea^  or  in  the  poits  d^  ^^Vance. 

BY  the  treaty  between  his  Britannic  majefty  and  the  king  of  Sdjf*- 
dinia,  figncd  at  Londonthe  *5th  April,  1793*  the  latter  engages  to 
keep  on  foot,  during  the  war,  an  army  of  fifty  fhoufand  men,  for 
the  defence  of  his  doniinions,  as  well  as  to  a£t  againlt  the  com« 
mon  enemy  {  and  the  former  engage*  to  fend  into  the  Mediterranean, 
a  rcfpe6table  fleet  to  be  emplo)^ed,  as  circumftances  (hall  permit,  in- 
that  quarter.  By  the  2d.  article,  Great  Britain  is  engaged  to  fur- 
ni(h  to  Sardinia,  during  the  war,  a  fubfidy  of  two  hundred  thoufand 
pounds  fterling,  payable  quarterly,  in  advance  ;  the  (irft  payment  at 
the  date  of  this  treaty.  By  the  ^d.  article,  his  Britannic  majcfty 
guarantees  to  his  Sardinian  majefty,  the  reftitution  of  all  the  parts  of 
his  dominions  which  have,  or  may  be  taken  from  him,  during  xhcs 
war.  The  4th  &  5th  articles  make  all  hoftilities,  in  confequence  of 
this  treaty,  a  common  caufe,  and  direct  the  exchange  of  ratifications'  ' 
in  two  hionths  or  fooner. 


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^0  wit : 

If  HEREBY  certify,  that  the  preced- 
-*■  ing  copies,  beginning  with  a  letter  of 
November  :29th,  1791,  and  ending  with 
one  of  September  25th,  1 793-;  and  the 
^|»per  it  enclofed,  are  from  originals,  or 
from  authentic  copies  in  the  Office  of  the 
Department  of  State. 

Given  under  my  hand,  this  4th 
day  of  December,  1793. 

Th.  JEFFERSOiSL 


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